Friday, December 11, 2020

Court Continues Injunction Allowing Medical Abortion Drug To Be Dispensed In Pharmacy Or By Mail

 In American College of  Obstetricians and Gynecologists v. U.S. Food and Drug Administration, (D MD, Dec. 9, 2020), a Maryland federal district court refused to stay its earlier preliminary injunction against enforcement during the COVID emergency of an FDA rule that prevents mifepristone, an oral medication used to induce abortion, from being received by mail or through a pharmacy. The rule mandates it be dispensed only in person at a clinic or doctor's office. The court said in part:

As the parties continue their ongoing dispute over the validity of the Preliminary Injunction and whether it should presently remain in effect, the Court notes that it is not open-ended. The Preliminary Injunction is slated to end 30 days after the end of the public health emergency declared by the Secretary. With the positive news relating to vaccines, there is reason to hope that day will come soon. At this time, however, as the entire nation goes through what the Coordinator of the White House Coronavirus Task Force has deemed the "most deadly phase of the pandemic,"... the Court concludes that Defendants have not identified changed circumstances sufficient to warrant a stay or dissolution of the Preliminary Injunction, in whole or in part.

Washington Post reports on the decision.