WV can restrict abortion pill access, appeals court says

The Fourth Circuit Court of Appeals ruled Tuesday that West Virginia can restrict access to the abortion pill, dismissing a challenge from drug manufacturer GenBioPro.

West Virginia lawmakers passed a near-total abortion ban in September 2022, on the heels of Dobbs vs. Jackson Women’s Health Organization, a U.S. Supreme Court decision that overturned Roe V. Wade.

GenBioPro, which makes a generic form of the abortion drug mifepristone, challenged the abortion ban, arguing that the Federal Food and Drug Administration’s regulation of the abortion drug should preempt the state law.

With a 2-1 decision Tuesday, the judges court upheld an August 2023 ruling from the U.S. District Court for the Southern District of West Virginia.




https://westvirginiawatch.com/briefs/wv-can-restrict-abortion-pill-access-appeals-court-says/