A federal judge in Maryland ruled that the Food and Drug Administration cannot mandate that women visit a doctor to obtain a medical abortion during the coronavirus pandemic.
U.S. District Judge Theodore Chuang, an Obama appointee, ruled that the FDA’s “in-person requirements” to obtain pills to induce an abortion created a “substantial obstacle” that violated a woman’s constitutional rights relating to abortion access during the pandemic. Chuang’s ruling temporarily suspended the requirement for women to visit a clinic or hospital in person to receive a medical abortion.
“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,” Chuang wrote.
“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,” he added.
The ruling allows doctors to give patients mifepristone and misoprostol via mail or delivery. The two drugs are used to induce an abortion or to manage a miscarriage.
Marjorie Dannenfelser, the president of the anti-abortion Susan B. Anthony List, told Fox News that the ruling could harm women.
“The current FDA regulations are reasonable and necessary to protect women from serious and potentially life-threatening complications of abortion drugs, including intense pain, heavy bleeding, infection, and even death,” Dannenfelser said.
The American Civil Liberties Union, which represented the American College of Obstetricians and Gynecologists in its lawsuit against the FDA, called the ruling a victory for women.
“This is a tremendous victory for abortion patients and for science and common sense,” said ACLU attorney Julia Kaye.
Chuang’s ruling will only affect women in states that do not have additional regulations above the FDA’s guidance. He noted that states can still have regulations that extend “above and beyond” the FDA.
Abortion providers have been deemed essential businesses in many states throughout the pandemic and were not ordered to close as part of larger stay-at-home orders. In some states, such as Texas, abortion access has been limited as the procedures were deemed nonessential medical procedures.
