CINCINNATI -An Ohio law that was to go into effect yesterday to limit the use of the abortion-inducing drug RU-486 is probably too restrictive, a federal judge said.
U.S. District Judge Susan Dlott issued a preliminary injunction Wednesday barring the state from enforcing the law, saying that plaintiffs -three regional Planned Parenthood groups across Ohio, Preterm of Cleveland and two private practitioners -likely would prevail at the trial.
Kim Norris, spokeswoman for Attorney General Jim Petro, said the state's lawyers had not yet decided their next move.
We obviously are disappointed in the ruling
Norris said. We believe we will ultimately prevail either in the trial or on appeal.
The U.S. Food and Drug Administration approved the use of mifepristone -known as RU-486 -in 2000 for use by women who are no more than 49 days pregnant and want a nonsurgical abortion.
The drug can be distributed only to doctors who can accurately determine the duration of a patient's pregnancy. Doctors who prescribe RU-486 must be able to perform surgery in cases of an incomplete abortion or severe bleeding, or they must have made plans to provide this care through other qualified physicians.
A lawsuit filed in August contends that the Ohio law contains no exception for allowing an abortion in cases where a woman's health or life is at risk. It would expose doctors to criminal prosecution for performing legal services, is unconstitutionally vague and would compel surgical abortion in cases where a medical abortion would otherwise be desired or appropriate, the lawsuit said.
Ohio law as interpreted by the state
imposes more strict dosage requirements and time frames on medical abortions that are required under federal law
said Cincinnati attorney Alphonse Gerhardstein, who represented the plaintiffs.
The law would have made the 49-day recommendation by the FDA an absolute limit, despite subsequent studies that show the pill may be used safely up to two weeks later, Gerhardstein said.
The protocol is grounded in the best science out there
he said. What Ohio's trying to do is freeze the science on medical abortion at 1999.
Gerhardstein said physicians in other states can legally administer RU-486 after 49 days.
The state of Ohio should stop meddling with the basic delivery of medicine to women
he said. Ohio has stepped way out of the mainstream in passing this legislation.
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