Two New Lawsuits Challenge State Restrictions on Abortion Pill Access, Arguing Federal Law Preempts State Laws
On Jan. 25, reproductive health advocates filed two federal lawsuits—one in North Carolina and West Virginia—challenging state laws imposing medically unnecessary restrictions on physicians prescribing the abortion pill mifepristone to their patients. Both cases argue that state laws are preempted by U.S. Food and Drug Administration (FDA) rules allowing telemedicine abortion and mailing of mifepristone.
“States cannot substitute their medical and scientific judgments for judgments FDA has made, and doing so undermines not only access to medication, but the country’s entire drug regulation system.”
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