FDA powers don't override state abortion pill bans, Republican attorneys general argue in West Virginia lawsuit
21 GOP attorneys general told a federal court it should dismiss a lawsuit filed by GenBioPro, one of the manufacturers of the abortion pill.
GenBioPro has argued that West Virginia's abortion ban violates the U.S. Constitution, which gives the FDA the power to decide which drugs are sold nationwide. The 21 GOP attorneys general told a federal court in West Virginia on Monday that it should dismiss a lawsuit filed by GenBioPro, one of the manufacturers of the abortion pill mifepristone. The company has asked the court to overturn West Virginia's abortion ban, arguing that it conflicts with how the FDA regulates mifepristone under federal law.
The GOP attorneys general said West Virginia's law does not completely ban the abortion pill. Mifepristone can be used in cases of medical emergency, rape and incest, they said. But the FDA's powers wouldn't override West Virginia law even if the state did completely ban mifepristone.
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