Oak Hill, WV (WOAY) – The manufacturer of a generic version of the abortion drug mifepristone is appealing a previous ruling against it in a lawsuit over the Mountain State’s near-total abortion ban.
GenBioPro filed notice of its appeal of federal Judge Robert C. Chambers’ ruling to the United States Court of Appeals for the Fourth Circuit on Thursday.
Chambers ruled in August that West Virginia can prohibit the sale of the drug despite the Food and Drug Administration (FDA) assuring that it is safe and effective.
The company argues the judge dismissed their claim that the state’s abortion ban violates the commerce clause of the Constitution while allowing a challenge to a telehealth provision in the law to proceed.
GenBioPro dropped the last count of its challenge, and the case has been dismissed.
The company’s lawyer, Skye Perryman, calls the appeal a critical next step in their fight to protect access to medication abortion.
Perryman further argues that the state’s decision to step in despite Congress granting the FDA authority to regulate the drug is unlawful and could potentially undermine medication access and the country’s drug regulation system.
West Virginia lawmakers passed the abortion ban last September following the U.S. Supreme Court overturning Roe V. Wade.
The law restricts the procedure with few exceptions.
