Federal Judge Rules North Carolina Legislature’s Restrictions on Medication Abortion Unconstitutional

FOR IMMEDIATE RELEASE

June 4, 2024

CONTACT: Planned Parenthood South Atlantic Media Office: [email protected]

Federal Judge Rules North Carolina Legislature’s Restrictions on Medication Abortion Unconstitutional

GREENSBORO, N.C. – Yesterday, a federal judge ruled for the plaintiff, Dr. Amy Bryant, in her case against North Carolina’s restrictions on medication abortion. The ruling specifically impacts access to mifepristone, one of the two drugs used for medication abortion. The ruling by Judge Catherine Eagles found that North Carolina lawmakers cannot second-guess the FDA’s explicit judgment on how to safely prescribe, dispense, and administer mifepristone. As a result, restrictions on mifepristone revert to FDA guidelines effective immediately, including the following changes:

• Advanced practice clinicians (APCs) will be able to prescribe mifepristone and provide medication abortion;
• Patients will now be able to receive medication abortion via telehealth – removing the requirement that patients must be administered the first medication for their medication abortion - mifepristone - in the presence of the physician;
• Patients will no longer be required to schedule an additional, in-person follow-up visit when obtaining a medication abortion.

The judgment determined that the corresponding federal standards on mifepristone by the FDA preempted the legislature’s politically-motivated restrictions on medication abortion passed over the past two decades. With this ruling, North Carolina joins 26 other states that allow telehealth access to medication abortion, including Virginia.

Statement from Jenny Black, President and CEO of Planned Parenthood South Atlantic:

“Yesterday’s ruling from the court is a tremendous victory for thousands of patients statewide, particularly in rural areas, who have been deprived of full access to medication abortion because of the state legislature’s oppressive tactics and maniacal focus on restricting abortion. Mifepristone has been safely and routinely prescribed by advanced practice clinicians and via telehealth in many other states for years. Now, North Carolinians will be afforded the same opportunity. Planned Parenthood South Atlantic will immediately take steps to expand access to medication abortion in our health centers and via telehealth as soon as possible.

Let’s be clear that North Carolinians still face unnecessary and significant barriers to abortion care in this state due to the web of politically-motivated restrictions state lawmakers have put in place over the better part of the last decade. Our fight for reproductive justice continues, but we are encouraged by yesterday’s decision and remain steadfast in our commitment to providing this life-affirming care to our patients statewide.”

###

Background:

• There are several provisions concerning North Carolina's restrictions on mifepristone that were not preempted and will remain in place.
  • There will still be a 72-hour waiting period for patients seeking a medication abortion, and the first appointment must still be performed in person;
  • Additionally, it is still required that the patient must be in North Carolina for both visits regardless of whether they are scheduling a telehealth appointment.
• This case was brought by Dr. Amy Bryant, an OB-GYN who provides abortion care in North Carolina. Planned Parenthood South Atlantic is not a plaintiff in this case.
• Medication abortion is the primary way people access abortion in this country – over 60% of the abortions provided by Planned Parenthood South Atlantic are medication abortions – using a two-drug regimen of mifepristone and misoprostol.
• Medication abortion is safe and effective and has been used by more than five million people in the United States for over two decades. Mifepristone, the drug used to initiate a medication abortion, has a safety record of over 99% — safer than Tylenol and Viagra, among other medications.
• Providing medication abortion via telehealth has been banned in North Carolina since 2013. APCs have long been prohibited from providing abortion services in this state.
• Later this month, the Supreme Court of the United States will be ruling on the Alliance for Hippocratic Medicine et al v. U.S. Food and Drug Administration et al case. The outcome of their decision could revert mifepristone to its 2016 regulatory standards, affecting Chief Judge Eagles’ ruling and removing options for telehealth medication abortion nationwide.