Abortion Pill Manufacturer Dealt Massive Blow By Federal Judge
Katelynn Richardson on August 25, 2023
A federal judge upheld West Virginia’s abortion ban as constitutional Thursday, rejecting almost every part of abortion pill manufacturer GenBioPro, Inc.’s lawsuit.
U.S. District Judge Robert Chambers, a Clinton appointee, rejected the manufacturer’s claims that the Food and Drug Administration’s (FDA) approval of the abortion pill preempts the state ban’s prohibition of chemical abortions and that the abortion ban violates the Constitution’s Commerce Clause. GenBioPro, Inc. initially filed the lawsuit challenging the state’s Unborn Child Protection Act in January.
“States enact laws pursuant to their police power to regulate public health and morality,” Chambers wrote. “Morality-based laws often curtail the sale of goods. The vendors of curtailed goods may lose sales opportunities. Outraged, vendors can feel the laws must somehow be unconstitutional.”
“And yet, the Supreme Court and Courts of Appeals have repeatedly affirmed that morality-based product bans do not intrinsically offend the dormant Commerce Clause,” the judge continued.
The court did allow the manufacturer’s challenge to the state’s prohibition on prescribing the abortion pill via telehealth to continue.
West Virginia Attorney General Patrick Morrisey said in a statement Thursday that he is “pleased the court saw it the way we did.”
“While it may not sit well with manufacturers of abortion drugs, the U.S. Supreme Court has made it clear that regulating abortion is a state issue,” Morrisey continued. “I will always stand strong for the life of the unborn.”
GenBioPro CEO Evan Masingill said in a statement provided to the DCNF that the company is “currently reviewing” the ruling.
“We are confident in the legal strength of our claims and are considering our next steps in the fight to ensure access for patients who need this essential medication,” Masingill said.
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