North Carolina AG Josh Stein won't defend state restrictions on dispensing abortion pills that are being challenged in a lawsuit. Instead, he'll argue that state aws on medication abortion are preempted by federal regulations protecting pill access.
block enforcement of state laws and rules that it says interferes with the ability to provide mifepristone to patients. The lawsuit cites the authority that Congress gave to the U.S. Food and Drug Administration to regulate the FDA-approved drug.
North Carolina laws require the pill to be dispensed in person after a 72-hour waiting period, the lawsuit says, and only after patients have received state-mandated counseling and in some cases, an ultrasound. Stein, who supports abortion rights and is running for governor next year, is a defendant in the lawsuit, along with a district attorney and state health and medical officials. Stein and state Department of Justice attorneys are tasked with defending state laws in court.
In this case, Bryant's federal preemption arguments"are legally correct," Sarah Boyce, general counsel at the state Department of Justice, wrote in a letter to legislative lawyers for House Speaker Tim Moore and Senate leader Phil Berger. "Consistent with its statutory authority, the FDA has determined that restrictions like the ones imposed under North Carolina state law would unduly burden patients' access to a safe and effective drug," Boyce wrote."The department's filings in the on behalf of Attorney General Stein will reflect this legal analysis on the merits."The U.S.
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