West Virginia AG Wins Dismissal of Challenge Against the State’s New Abortion Pill Legislation

A United States District Judge on Thursday dismissed portions of a lawsuit brought against West Virginia by a manufacturer of a generic version of the abortion drug mifepristone over the state’s restrictions on the medication.

GenBioPro sued the state’s attorney general in January, claiming the abortion ban and other restrictions have caused it “significant, ongoing economic injury.”

District Judge Robert Chambers dismissed claims by GenBioPro that a September 2022 law banning abortion at every stage of pregnancy, featuring exceptions for medical emergencies, rape and incest, and other previous restrictions on the state, are preempted by federal law. Chambers also dismissed claims by GenBioPro as related to the Constitution’s Commerce Clause, the law allowing Congress to govern commerce.

Read the source article at The Hill