A federal judge ruled on Friday that North Carolina lawmakers may take the place of the state attorney general in defending the state's restrictions on the abortion-inducing drug mifepristone.
In January, Dr. Amy Bryant sued North Carolina to lift its restrictions on mifepristone, arguing that they surpass those of the Food and Drug Administration (FDA), according to CNBC.
Agreeing with Bryant, the state's Democrat attorney general, Joshua Stein, declined to defend the state's restrictions on mifepristone. Stein notified state lawmakers that the FDA found that restrictions like North Carolina's place an undue burden on patients' access to the drug.
According to CNBC, state Sen. Phil Berger, the president of North Carolina's Senate, and state House Speaker Tim Moore stepped in to defend the state's restrictions. Both Berger and Moore are Republicans. North Carolina has a divided government; while the state legislature has a Republican majority, Gov. Roy Cooper is a Democrat.
The judge set a March 24 deadline for the lawmakers to respond to Bryant's complaint.
The Supreme Court's decision to overturn Roe v. Wade last June returned the question of abortion to the states to decide, Berger and Moore said in their motion to intervene. Lifting North Carolina's restrictions on mifepristone would usurp the power of the state legislature to reasonably regulate abortion, they argued.
The battle over abortion access has hinged on the abortion medication since the Supreme Court struck down Roe. CNBC reports that the North Carolina case is one of several that are at play to determine whether state laws or FDA regulations will control access to mifepristone.
The FDA ended the requirement that patients obtain the medication in person from a certified provider in January. The agency also allowed retail pharmacies to dispense mifepristone as long as they become federally certified.
The FDA changes also allow patients to get a prescription for the medication via telehealth appointment and have the drug delivered by mail.
North Carolina state law mandates that patients obtain mifepristone from a doctor in person at a specially certified facility. There is a 72-hour waiting period after signing a consent form before the physician can dispense the medication and they must be present in the room when the patient takes the pill.
Used in combination with misoprostol, mifepristone is the most common abortion method in the United States, according to CNBC.
© 2025 Newsmax. All rights reserved.