Bloomberg Law
May 25, 2022, 9:35 AM

Abortion Pill Lawsuit Offers Guide to Challenging State Limits

Celine Castronuovo
Celine Castronuovo

An ongoing lawsuit over Mississippi’s abortion pill restrictions could set a roadmap for the Biden administration and others seeking to ease access to the medication across the country as the US Supreme Court considers overturning Roe v. Wade.

GenBioPro, the manufacturer of generic mifepristone, contends the FDA’s regulations for dispensing and prescribing the pill preempt the state’s stricter requirements, including that a licensed physician prescribe it in person. Constitutional and FDA policy attorneys say that argument may have legs and could serve as a basis for any future lawsuits against state mifepristone restrictions.

“Courts have routinely granted deference to ...

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