Medical abortions may be the next frontier of the legal fight for abortion rights across the country 📝 Julia Zorthian (jzorth)
, says Rachel Rebouché, interim dean of Temple University Beasley School of Law. That argument is based on the premise that where federal and state laws conflict, the federal law prevails. In this case, that would mean a safety and efficacy determination by the FDA, a federal agency, would take precedence over a state’s tighter restrictions on a given drug.
But while it’s clear that states cannot legalize drugs that the FDA does not approve, explains Greer Donley, assistant professor at the University Pittsburgh Law School, the legal question here lies in the reverse scenario. “The argument is that FDA regulation of mifepristone is not only the national floor, which everybody accepts,” Donley says. “The question is whether the FDA’s regulation is also the national ceiling.
Doses of Mifepristone, the abortion pill, and Misoprostol, which is taken the day after to cause cramping and bleeding to empty the uterus, are pictured at Dr. Franz Theards Womens Reproductive Clinic in Santa Teresa, New Mexico on May 7, 2022.the national ceiling, and that no state may regulate drugs more strictly than the federal government, then even states with total state abortion bans – and,— would have to make exceptions for medical abortions.ruling.
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