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West Virginia District Court Affirms West Virginia’s Right to Stop the Use of Mifepristone

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WASHINGTON, D.C.—Yesterday, U.S. District Court Judge Robert C. Chambers issued a decision in the case of GenBioPro, Inc. v. Sorsaia. In the lawsuit, GenBioPro, a manufacturer of chemical abortion drugs, challenged the constitutionality of West Virginia’s Unborn Child Protection Act. GenBioPro argued that the Act should be found unconstitutional because it infringed upon the authority of the Food and Drug Administration (FDA) to regulate access to mifepristone, one of two drugs used in chemical abortions.

In a written decision, Judge Chambers rejected the claim, stating:

There is no dispute that health, medicine, and medical licensure are traditional areas of state authority. Moreover, the Supreme Court has repeatedly held that the FDCA [Federal Food, Drug, and Cosmetic Act] does not preempt state action in the field of health or medicine in the absence of a direct conflict.

The decision of yesterday follows that of 16 August, when a three-judge panel of the Fifth Circuit Court of Appeals, in Alliance for Hippocratic Medicine v. U.S. Food and Drug Administration (FDA), determined that the FDA’s loosening of regulations in 2016 and 2021 regarding the drug mifepristone was unlawful, as it failed to give adequate consideration to demonstrated safety issues with the drug.

The decision of the Fifth Circuit Court of Appeals will not affect the distribution of the abortion drug Mifeprex (generic: mifepristone) until the U.S. Supreme Court has made a ruling.

“Yesterday’s circuit court decision in West Virginia respects the U.S. Supreme Court’s ruling in Dobbs and affirms a state’s right to protect life,” said Carol Tobias, president of National Right to Life.

“The plaintiff’s argument that the FDA’s authority is so broad as to circumvent state law is an overreach,” said James Bopp, Jr. general counsel of National Right to Life. “The district court rightly reaffirmed that a state’s rights cannot be overridden by a capricious interpretation of the law.”

In yesterday’s ruling, Judge Chambers permitted GenBioPro to challenge the legality of telehealth abortions.

The Guttmacher Institute, an organization affiliated with the abortion industry, has estimated that approximately 54% of all abortions are performed using chemical abortion methods, including mifepristone and misoprostol.

Mifepristone is employed in conjunction with misoprostol, a prostaglandin, to induce an abortion. Mifepristone inhibits the action of progesterone, resulting in the demise of the unborn child. The second pharmaceutical agent, misoprostol, induces powerful and painful uterine contractions, facilitating the expulsion of the dead or dying foetus.

The Food and Drug Administration (FDA) has recently relaxed the Risk Evaluation and Mitigation Strategy (REMS) requirements for the drug, thus enabling it to be dispensed and even mailed by pharmacies.

A white paper released by the National Right to Life on 5 April addresses several myths surrounding mifepristone. A detailed examination of the numerous myths perpetuated by the media regarding the FDA’s approval and management of Mifeprex (mifepristone) can be accessed here.

The decision of the U.S. District Court for the Southern District of West Virginia can be accessed via the following link.


Daniel Miller is responsible for nearly all of National Right to Life News' political writing.

With the election of Donald Trump to the U.S. presidency, Daniel Miller developed a deep obsession with U.S. politics that has never let go of the political scientist. Whether it's the election of Joe Biden, the midterm elections in Congress, the abortion rights debate in the Supreme Court or the mudslinging in the primaries - Daniel Miller is happy to stay up late for you.

Daniel was born and raised in New York. After living in China, working for a news agency and another stint at a major news network, he now lives in Arizona with his two daughters.

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