⚖ Oral Arguments, with Context

The Fourth Circuit hears Amy Bryant versus Timothy Moore, a challenge to North Carolina's restrictions on the abortion medication mifepristone. Dr. Bryant challenged state requirements beyond the FDA's rules, including physician-only prescribing and in-person dispensing. The district court held that some requirements conflicted with federal law, but upheld others, including advance consultation and ultrasound requirements. Both sides appealed the parts they lost. The federal safety program at the center of the dispute is called REMS: a risk evaluation and mitigation strategy. Congress requires its special safety conditions not to impose undue burdens on patient access. Bryant will contend North Carolina cannot restore restrictions the FDA deliberately removed. The lawmakers defending the laws will argue federal regulation sets a minimum, not a ceiling, leaving room for additional state protections. This is a dispute about obstacle preemption: whether state law frustrates the objectives of federal law. Erin Hawley will speak first for the legislative intervenors.

Amy Bryant v. Timothy Moore (No. 24-1576) — U.S. Court of Appeals for the Fourth Circuit, argued October 28, 2026.