We're Not Going Back to the Time Before Roe. We're Going Somewhere Worse

[Nevilledog]

2. It'll go to SCROTUS and they'll say it can be restricted.

https://www.nbcnews.com/politics/justice-department/garland-signals-brewing-battle-gop-led-states-access-abortion-pills-rcna35231


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Legal experts predicted there would be numerous court challenges following Friday's court ruling.

Khiara M. Bridges, a law professor at the University of California, Berkeley, said “there’s an open legal question about whether states could limit the use of mifepristone in light of the FDA’s judgment that the medicine is safe and effective. It’s not at all clear.”

While the FDA can can declare the drug is safe, Bridges said, “states can regulate the practice of medicine within their borders."

The drug’s manufacturer, GenBioPro, filed suit against Mississippi in October 2020 challenging a state law that hampers access to the drug, contending that the statute conflicts with federal law. The case is still pending.

Bridges said the Justice Department could sue any states restricting access to the drug, but noted such challenges could take years to make their way through courts. “I think we’re going to see a lot of legal questions,” she said.

Wendy Parmet, director of the Center for Health Policy and Law at Northeastern University, said it's unclear “whether the FDA can preempt a state’s prohibition" on mifepristone.

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