On Friday, Archbishop Naumann said that the FDA is right to regulate chemical abortions, which if prescribed and dispensed remotely could carry special health risks for women.
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The American College of Obstetricians and Gynecologists and other pro-abortion groups pushed for the restrictions to be lifted during the COVID-19 pandemic so women would not have to travel to get the abortion pill.
In July, the Supreme Court ruled 5-4 against the church and refused to issue an order blocking the 50-person cap on religious gatherings. Since July, the makeup of the Supreme Court has shifted.
The normal requirement of the Food and Drug Administration (FDA), in place since 2000, is that the abortion pill be dispensed and administered in-person.
Churches in New York, California, and now Colorado have won their appeals for relief against state COVID restrictions in light of the court’s Brooklyn Diocese ruling.
Lori Windham, attorney for the Becket Fund, said the court ruled that the Religious Freedom Restoration Act “gives religious claimants another way to protect their rights.”
On Thursday the Supreme Court accepted the church’s appeal, vacated the Ninth Circuit decision, and sent the case back to the circuit court for consideration in light of the Supreme Court’s ruling in the Brooklyn Diocese case.
In October, New York Gov. Andrew Cuomo issued an executive order curbing some public gatherings in certain localities, due to the reported rapid spread of the coronavirus in those districts.
Lynn Fitch, the state’s attorney general, has asked the court to review its law, which bans abortion after fifteen weeks of gestation and has been challenged by the Center for Reproductive Rights.