Abortion Pill Cases Test Whether FDA Rules Preempt State Limits

May 7, 2024, 9:05 AM UTC

A federal appeals court must weigh how far FDA abortion pill regulations go in preempting state laws regulating the practice of medicine—a largely untested area that legal analysts say will shape abortion access.

Judge Catherine C. Eagles of the US District Court for the Middle District of North Carolina ruled April 30 that some North Carolina abortion laws regulating the prescription and distribution of the abortion pill mifepristone were preempted by the US Food and Drug Administration’s safety program for the drug.

Eagles determined some North Carolina laws—including one requiring an in-person 72-hour advance consultation and ultrasound use—deal with broader ...

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