Maryland Court Rules FDA Cannot Mandate In-Person Dispensation of Abortion Drugs During Pandemic
December 10, 2020
On Wednesday, in the District of Maryland, the Honorable District Judge Theodore D. Chuang kept in place his earlier injunction from July that enjoined the Food and Drug Administration (FDA) from requiring that abortion-inducing medications be dispensed in-person during the COVID-19 pandemic.
During the underlying litigation, the American College of Obstetricians and Gynecologists joined by other associations promoting the safe and remote access to abortion medications sued the FDA and the United States Department of Health and Human Services (DHHS) for allowing most drugs, including opiates, to be dispensed remotely during the COVID-19 pandemic, but excepting all abortion-inducing pharmaceuticals. Judge Chuang, at the time of granting the initial injunction, explained that the plaintiffs easily proved irreparable harm given the devastating public health consequence
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