(LifeSiteNews) — A federal district court partially sided with West Virginia’s attorney general on Thursday in a lawsuit filed by an abortion pill manufacturer, permitting the state to restrict the sale of the abortion drug mifespristone.
U.S. District Court Judge Robert C. Chambers dismissed several claims that the laws are unconstitutional; however, the legal battle continues on the premise that requirements for in-person consultations before dispensing the abortion pill may be overturned.
GenBioPro, a pharmaceutical company that manufactures a generic form of the abortion drug mifepristone, originally filed a lawsuit against the state of West Virginia in January, arguing that restrictions on both surgical and chemical abortions violate regulations in place by the U.S. Food and Drug Administration (FDA), rendering the state law unconstitutional.
Republican Gov. Jim Justice signed a law last September which bans abortions from the point of implantation in the womb, with some limited exceptions for rape, “lethal [developmental] anomaly,” and medical emergencies which seriously threaten the well-being of the mother. There are currently no abortion facilities operating in the state.
“The court rejected most of those arguments, ruling that the state is free to pass and enforce pro-life laws,” reads an August 25 press release from the Alliance Defending Freedom (ADF), which represented Attorney General Patrick Morrisey in defending the state’s laws. “The only part of the state’s near-total protection for life that the court found could still be challenged is the law ensuring women see a physician in person before receiving chemical abortion drugs.”
“West Virginia had amended its law to prohibit telehealth practitioners from ‘prescribing or dispensing an abortifacient,’ so now the lawsuit will proceed only as it regards that prohibition.”
Morrisey reaffirmed his pro-life stance in the release, saying that he “will always stand strong for the life of the unborn.”
“West Virginia has a strong and compelling interest in protecting unborn life, maternal health and safety, and the integrity of the medical profession,” Erin Hawley, senior counsel and vice president of the ADF Center for Life added. “It’s unacceptable for the manufacturer of a dangerous drug to put profit over the lives of pregnant women and their unborn children.”
In 2021, the FDA removed the requirement to distribute mifepristone in person and permitted the drugs to be sent and received by mail. To kick off 2023, the federal agency further loosened restrictions by allowing retail pharmacies to sell mifepristone by participating in a simple approval process. Since the historic overturning of Roe v. Wade, the U.S. Supreme Court has also protected access to the dangerous medication.
The drug has been heavily documented as causing serious adverse events in addition to ending an innocent life, including severe hemorrhage, sepsis, and mental and emotional anguish.
The partial dismissal comes several months after abortionists dropped a lawsuit filed against the state, which had sought to challenge two regulations for the few scenarios in which abortions can be legally committed. Specifically, they argued against the requirement for such abortions to be committed by a licensed medical professional associated with a state hospital, which are the only locations where abortions may be committed in certain circumstances.
In April, Gov. Justice further promoted life and family by signing a law designed to support pro-life pregnancy resource centers and expand the state’s adoption tax credit program.
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