West Virginia Dismisses Part of Abortion Pill Company’s Lawsuit
CV NEWS FEED // A US district judge dismissed parts of an abortion pill lawsuit on Thursday, reaffirming West Virginia’s right to restrict abortion.
After GenBioPro sued West Virginia, claiming the state’s restrictions on the abortion drug mifepristone caused the company “significant, ongoing economic injury,” the district judge dismissed its claim.
The abortion pill company first sued West Virginia in January over the state’s 2022 law preventing abortion at all stages of pregnancy, with exceptions for medical concerns, rape and incest.
District Judge Robert Chambers dismissed the abortion pill company’s claims, saying that the state has the authority to restrict use of the abortion pill.
“States enact laws pursuant to their police power to regulate public health and morality. Morality-based laws often curtail the sale of goods. The vendors of curtailed goods may lose sales opportunities,” Chambers said in the ruling. “Outraged, vendors can feel the laws must somehow be unconstitutional.”
GenBioPro CEO Evan Masingill said in a statement Friday that the company is “confident in the legal strength” of its case.
The West Virginia Attorney General, Patrick Morrisey, was “pleased” with the decision, The Hill reported.
“While it may not sit well with manufacturers of abortion drugs, the US Supreme Court has made it clear that regulating abortion is a state issue,” said Morrisey. “I will always stand strong for the life of the unborn.”
Though Chambers dismissed the abortion pill claim, he will allow a challenge over telehealth to proceed, as the FDA has approved telemedicine for prescribing the abortion drug mifepristone.
The legality of mail-order abortion pills is currently in limbo, however. After a federal appeals court banned the practice on August 16, the US Supreme Court paused enforcement pending its decision.
