{"id":297138,"date":"2023-08-26T09:00:33","date_gmt":"2023-08-26T14:00:33","guid":{"rendered":"https:\/\/www.liveaction.org\/news\/?p=297138"},"modified":"2023-08-25T22:10:34","modified_gmt":"2023-08-26T03:10:34","slug":"court-west-virginia-restrict-abortion-pill","status":"publish","type":"post","link":"https:\/\/archive.liveaction.org\/news\/court-west-virginia-restrict-abortion-pill\/","title":{"rendered":"Court upholds state’s pro-life law, allowing West Virginia to restrict abortion pill sales"},"content":{"rendered":"
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The State of West Virginia can restrict abortion pill sales following a decision by U.S. District Court Judge Robert C. Chambers, which partially dismissed<\/a> GenBioPro’s challenge to the state’s Unborn Child Protection Act.<\/p>\n

GenBioPro, which has claimed<\/a> to ship<\/a> a significant portion of abortion pills across the nation, is the generic manufacturer<\/a> of the mifepristone, approved in 2000 by the Food and Drug Administration as the abortion pill.<\/p>\n

Decision Summary<\/strong><\/p>\n

As Reuters noted<\/a>, “U.S. District Judge Robert Chambers in Huntington… rejected the company’s argument that West Virginia’s ban must be struck down because it conflicts with the federal government’s decision to approve and regulate mifepristone for medication abortion, dismissing most of the company’s lawsuit.”<\/p>\n

However, “Chambers did allow GenBioPro’s claims challenging West Virginia’s ban on the use of telemedicine for medication abortion to go forward, finding that that ban conflicted with federal law. The effect of that ruling will likely be limited, however, since West Virginia’s abortion ban contains only narrow exceptions for nonviable pregnancies, medical emergencies or cases of rape that are reported to law enforcement.”<\/p>\n

GenBioPro argued that “West Virginia\u2019s new abortion law and a prohibition against telehealth abortion pill prescriptions are unconstitutional and preempted by federal law\u2014that the state cannot enforce a ‘ban’ of a U.S. Food and Drug Administration-approved drug,” West Virginia Attorney General Patrick Morrisey’s office said in a written statement following the August 24, 2023, ruling by the Southern District of West Virginia Huntington Division.<\/p>\n

“While the court allowed the telehealth provision challenge to proceed, it concluded that the new pro-life law [Unborn Child Protection Act (UCPA)] was constitutional and not preempted,” the statement added.<\/p>\n

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Attorney General Morrisey wins dismissal of challenge to new abortion pill law@MorriseyWV<\/a>: \u201cAs I have said all along, the new Unborn Child Protection Act is constitutional. I am pleased the court saw it the way we did…I will always stand strong for the life of the unborn.\u201d\u2026 pic.twitter.com\/6ih0sxmmiK<\/a><\/p>\n

— Patrick Morrisey Press (@MorriseyPress) August 25, 2023<\/a><\/p><\/blockquote>\n