Lawsuits filed over U.S. state restrictions on abortion pills

Lawsuits filed over U.S. state restrictions on abortion pills

U.S. abortion pill maker, doctor challenge state curbs in lawsuits By Reuters

Breaking News


World 1 hour ago (Jan 25, 2023 09:50AM ET)

(C) Reuters. FILE PHOTO: A pack of Mifeprex pills, used to terminate early pregnancies, is displayed in this picture illustration taken May 11, 2022. REUTERS/Caitlin Ochs/Illustration

(Reuters) – A maker of abortion pills and a doctor have filed lawsuits challenging state restrictions on the medication, in the first lawsuits of their kind since the U.S. Supreme Court overturned the federal constitutional right to abortion.

In a complaint filed in the federal court in Huntington, West Virginia, GenBioPro Inc said the state cannot override the U.S. Food and Drug Administration’s approval from 2000 of mifepristone by banning the drug, the first in a two-drug regimen for medication abortions.

The doctor, Amy Bryant, filed a separate lawsuit in the federal court in Durham, North Carolina challenging state-imposed restrictions on obtaining mifepristone, which she said impeded her ability to treat patients.

Many states have banned abortions or made them significantly harder since the Supreme Court overruled Roe v. Wade in June.

GenBioPro, which sells a generic version of mifepristone, said the West Virginia pill ban enacted in September under the state’s Virginia’s Unborn Child Protection Act “conflicts with the strong national interest in ensuring access to a federally approved medication to end a pregnancy.”

The lawsuit said the ban violates the U.S. Constitution’s Supremacy Clause, which gives federal laws priority over conflicting state laws, and Commerce Clause, which restricts states from burdening interstate commerce.

Bryant objected to North Carolina requirements that patients obtain abortion pills only in person from physicians in specially certified facilities, and undergo as state-mandated counseling at least 72 hours before having abortions.

Her lawsuit said the restrictions “interfere with her ability to provide medical care to her patients according to her best medical judgment and in accordance with federal law.”

The offices of West Virginia Attorney General Patrick Morrisey and North Carolina Attorney General Josh Stein did not immediately respond to requests for comment. Morrisey is a Republican, and Stein is a Democrat.

The West Virginia lawsuit was reported earlier by The New York Times, and the North Carolina lawsuit by ABC News.

The cases are GenBioPro Inc v Sorsaia et al, U.S. District Court, Southern District of West Virginia, No. 23-00058; and Bryant v Stein et al, U.S. District Court, Middle District of North Carolina, No. 23-00077.

U.S. abortion pill maker, doctor challenge state curbs in lawsuits

Our Apps

Terms And Conditions
Privacy Policy
Risk Warning

(C) 2007-2023 Fusion Media Limited. All Rights Reserved.

Risk Disclosure: Trading in financial instruments and/or cryptocurrencies involves high risks including the risk of losing some, or all, of your investment amount, and may not be suitable for all investors. Prices of cryptocurrencies are extremely volatile and may be affected by external factors such as financial, regulatory or political events. Trading on margin increases the financial risks.Before deciding to trade in financial instrument or cryptocurrencies you should be fully informed of the risks and costs associated with trading the financial markets, carefully consider your investment objectives, level of experience, and risk appetite, and seek professional advice where needed.Fusion Media would like to remind you that the data contained in this website is not necessarily real-time nor accurate. The data and prices on the website are not necessarily provided by any market or exchange, but may be provided by market makers, and so prices may not be accurate and may differ from the actual price at any given market, meaning prices are indicative and not appropriate for trading purposes. Fusion Media and any provider of the data contained in this website will not accept liability for any loss or damage as a result of your trading, or your reliance on the information contained within this website.It is prohibited to use, store, reproduce, display, modify, transmit or distribute the data contained in this website without the explicit prior written permission of Fusion Media and/or the data provider. All intellectual property rights are reserved by the providers and/or the exchange providing the data contained in this website.Fusion Media may be compensated by the advertisers that appear on the website, based on your interaction with the advertisements or advertisers.