United States

Abortion drug manufacturer files appeal of West Virginia ban on drug

(The Center Square) – The manufacturer of the generic abortion drug has filed its appellate brief asking the 4th U.S. Court of Appeals to reverse its decision allowing West Virginia to ban the drug.

Amicus briefs supporting GenBioPro’s appeal must be filed by Wednesday. GenBioPro filed notice that it would appeal in November.

The GenBioPro appeal claims that only the U.S. Food and Drug Administration can regulate access to mifepristone.

“Under the U.S. Constitution, federal law is the supreme law of the land,” GenBioPro counsel David Frederick of Kellogg Hansen said in a statement. “Congress has made clear that, for mifepristone, FDA must protect access for patients. The law does not allow states to limit the drug’s availability. West Virginia’s attempt to burden access to mifepristone violates the Constitution’s mandate that federal law take precedence when in conflict with state law.”

A U.S. District Court ruled in August that West Virginia is allowed to regulate public health and morality and thus can ban an abortion pill.

“Morality-based laws often curtail the sale of goods,” U.S. District Judge Robert C. Chambers wrote. “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.”

West Virginia Attorney General Patrick Morrisey has said he plans to continue to support the West Virginia law.

“The U.S. Supreme Court has made it clear that regulating abortion is a state issue, and I will always stand strong for the life of the unborn,” Morrisey said previously.

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