A manufacturer of a generic version of the abortion drug mifepristone, GenBioPro, has had certain portions of their lawsuit against West Virginia dismissed by a United States District Judge. The lawsuit claimed that the state’s restrictions on the medication have resulted in significant and ongoing economic harm to GenBioPro. However, District Judge Robert Chambers dismissed the claims made by GenBioPro, stating that the September 2022 law banning abortion in all stages of pregnancy, with exceptions for medical emergencies, rape, and incest, is not preempted by federal law. Chambers also dismissed claims related to the Constitution’s Commerce Clause.
In his ruling, Chambers stated that states have the authority to enact laws that regulate public health and morality, often resulting in the curtailing of goods. He acknowledged that vendors who sell these restricted goods may experience a loss in sales opportunities and feel that the laws are unconstitutional. West Virginia Attorney General Patrick Morrisey, one of the plaintiffs in the case, expressed his satisfaction with the court’s decision, emphasizing that the regulation of abortion is a state issue, as affirmed by the Supreme Court’s 2022 ruling on Roe v. Wade.
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