Also in federal court on Monday, a DC judge suspended a requirement that women to must visit a physician in order to obtain abortion-causing drugs. The judge said that during the pandemic, the requirement causes a "substantial obstacle" to women seeking abortions and must therefore be overturned.
"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," U.S. District Judge Theodore Chuang wrote in his July 13 decision.
The decision does not allow mifepristone, an abortifacient, to be purchased over the counter. Rather, it allows medical providers to have the drug mailed or delivered to patients for as long as the federally declared public health emergency lasts, according to the Associated Press. FDA rules ordinarily require a patient to pick up a tablet of mifepristone at a medical office, and to be given information about risks associated with the medication.
Chuang's decision came in a lawsuit filed in May by the American College of Obstetricians and Gynecologists and other groups, the Associated Press reported. The judge's argument noted that other medications which must typically be taken in a doctor's office can be taken at home during the pandemic.