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In a closely watched case, the U.S. Fourth Circuit Court of Appeals upheld West Virginia’s ban on the abortion drug mifepristone, marking a major legal win for the state’s pro-life stance and reinforcing state authority in the post-Dobbs era.
The July 15 ruling came in response to a challenge by GenBioPro, a Nevada-based manufacturer of mifepristone, which argued that the FDA’s approval of the drug should override the state ban. The court rejected that claim in a 2-1 decision, affirming West Virginia’s authority to regulate abortion within its borders.
“As Dobbs makes clear, that judgment belongs with the people and their elected representatives,” Circuit Judge J. Harvie Wilkinson wrote in the decision. “At a time when the rule of law is under blunt assault, disregarding the Supreme Court is not an option.”
West Virginia Gov. Patrick Morrisey, who defended the law while serving as attorney general, celebrated the ruling on X.
“Big win out of the 4th Circuit today,” Morrisey said. “I defended this law as Attorney General and am proud to see a victory in this case. West Virginia can continue to enforce our pro-life laws and lead the nation in our efforts to protect life. We will always be a pro-life state!”
According to Reuters, the decision marks the first time a federal appeals court has ruled that states may restrict access to the drug.
The ruling could have broader implications for state-level regulation of abortion drugs. According to the Guttmacher Institute, 28 states currently have some form of restriction on their use.
Mifepristone, now used in more than half of abortions nationwide, has faced renewed scrutiny after several of its longstanding safety restrictions were loosened under the Biden administration.
Earlier this month, CatholicVote and more than 100 other pro-life organizations sent a joint letter to FDA Commissioner Dr. Marty Makary and Health and Human Services (HHS) Secretary Robert F. Kennedy Jr., urging them to restore the previous safety requirements on mifepristone.
