SILVER SPRING, Md. — A federal judge agreed Monday to suspend a rule that requires women during the COVID-19 pandemic to visit a hospital, clinic or medical office to obtain an abortion pill.
U.S. District Judge Theodore Chuang in Maryland concluded that the “in-person requirements” for patients seeking medication abortion care impose a “substantial obstacle” to abortion patients and are likely unconstitutional under the circumstances of the pandemic.
“Particularly in light of the limited timeframe during which a medication abortion or any abortion must occur, such infringement on the right to an abortion would constitute irreparable harm,” he wrote in his 80-page decision.
Chuang’s ruling will allow health care providers to arrange for mifepristone to be mailed or delivered to patients during the public health emergency declared by the secretary of the U.S. Department of Health and Human Services. The U.S. Food and Drug Administration approved mifepristone to be used in combination with a second drug, misoprostol, to end an early pregnancy or manage a miscarriage.
“By causing certain patients to decide between forgoing or substantially delaying abortion care, or risking exposure to COVID-19 for themselves, their children, and family members, the In-Person Requirements present a serious burden to many abortion patients,” Chuang wrote.
The states of Indiana, Louisiana, Alabama, Arkansas, Idaho, Kentucky, Mississippi, Missouri, Nebraska and Oklahoma had asked to intervene in the lawsuit. The 10 states argued that the case could impact how they enforce their own state laws that relate to or reference the FDA’s regulation of mifepristone.
Chuang rejected their request last month. The judge said the federal case would not eliminate any state’s ability to continue to regulate abortion medication “above and beyond” the FDA’s requirements.
“Nevertheless, this is a tremendous victory for abortion patients and for science and common sense,” American Civil Liberties Union attorney Julia Kaye said.
The American College of Obstetricians and Gynecologists and other groups sued HHS and the FDA in May to challenge the rule. ACLU lawyers represent the groups.
Skye Perryman, chief legal officer for the American College of Obstetricians and Gynecologists, said the FDA’s restrictions are not medically necessary and “do not advance the health and safety of patients.”
