North Carolina's pro-life law requires a 72-hour waiting period for women receiving the abortion pill, and it requires that it be dispensed in person (rather than through the mail). Under the Biden administration, the FDA ended a regulatory policy that similarly required the abortion pill to be administered in-person.
Dr. Amy Bryant, an abortionist, sued to block the law; arguing that North Carolina's regulations violated the US Constitution's supremacy clause by contradicting the FDA's guidance.
Pro-Abortion North Carolina AG John Stein (D) refused to defend the law in court, saying that he agreed with Bryant's argument. North Carolina law grants legal standing to the speaker of the house and president pro-tempore, however. Last month, both legislators filed a motion to defend the law in court.
The pro-life lawmakers point to Dobbs v. Jackson as evidence that states have broad authority to write and enforce laws regarding abortion.
