Bryant v. Stein, et al.

Overview

(U.S. District Court for the Middle District of North Carolina, April 30, 2024): The District Court for the Middle District of North Carolina found that some aspects of a North Carolina law regulating the provision of medication abortion are preempted by federal law. Medication abortion drugs are approved by the Food and Drug Administration (FDA) and may be prescribed and used as established by the FDA. Provisions in the North Carolina law that prohibit non-physician medical professionals from prescribing medication abortion drugs; require in-person prescribing, dispensing, and administering; and compel prescribers to schedule an in-person follow-up appointment are preempted by the FDA’s approval and rules for use of the drugs. State law requirements for in-person counseling, ultrasound and blood testing, and adverse event reporting to the State are not inconsistent with federal law and may remain in effect. Read the full opinion here.

View all cases in the Judicial Trends in Public Health – May 14, 2024.

View all cases under “Reproductive Liberties and Care Access.”