Dr. Amy Bryant challenged state laws in place around prescribing mifepristone, such as requiring doctors to provide the pill in-person at certified facilities, and after a 72-hour waiting period. Bryant argued that the U.S. Food and Drug Administration’s requirements, which are more lenient, preempt North Carolina’s restrictions.

The top legislative leaders, House Speaker Tim Moore and Senate leader Phil Berger, joined the lawsuit as defendants. In court filings, they argued the FDA does not have the final say over “one of the most divisive and consequential social and political issues of our day and the past fifty years.”

But Eagles ruled largely in favor of Bryant, striking down several of the state regulations.

She decided other requirements were not preempted by FDA regulations, such as requirements for an in-person, 72-hour advance consultation and blood type testing, and allowed them to stand.

That means that currently, in North Carolina:

—Mifepristone does not need to be taken in a clinical setting and can be taken in one’s own home.

—The pill can be provided by pharmacies and not solely by licensed physicians.

—A follow-up appointment is not required, but an advance consultation is.

—Enforcement, penalization, or requiring compliance with any medication abortion provisions preempted by the FDA is prohibited.

But Eagles’ ruling could be reversed. On June 20, Berger and Moore appealed the portion of the ruling that went against them to the federal appellate court encompassing Maryland, Virginia, West Virginia, North Carolina and South Carolina.

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