FDA Abortion Pill Policy May Preempt State Restrictions, Say Legal Scholars: ‘We Need to Push the Boundaries and See What Sticks’

In December of 2021, the FDA lifted some of its burdensome restrictions on the abortion pill mifepristone, including the requirement that healthcare providers must meet in-person with patients to dispense the medication. Nineteen states, however, continue to impose in-person dispensing requirements.

Legal scholars and advocates are questioning the constitutionality of these additional restrictions on abortion pills.