Court Upholds West Virginia Law Protecting Women From Dangerous Abortion Pill
In a great win for life, a federal appeals court has upheld West Virginia’s near-total ban on abortion.
West Virginia’s Unborn Child Protection Act, enacted after the U.S. Supreme Court overturned Roe v. Wade, prohibits abortions in most circumstances, with exceptions for nonviability, ectopic pregnancy, medical emergency or sexual assault.
In its 2-1 decision, the Fourth Circuit rejected an attempt by GenBioPro – the generic manufacturer of mifepristone – to enjoin state officials from enforcing West Virginia’s abortion law.
Mifepristone is the first drug in a two-drug chemical abortion regimen known as the “abortion pill.” Mifepristone blocks progesterone, a hormone essential for a healthy pregnancy, cutting off the blood supply and nutrients to the preborn baby. Misoprostol, the second drug, causes the uterus to contract, inducing early labor to expel the dead baby.
Over half of all abortions in the U.S. are now preformed with the abortion pill.
According to Reuters, the ruling marks the first time a federal appeals court has agreed states can restrict use of the abortion pill.
West Virginia Governor Patrick Morrisey, who defended the law when he was the state’s attorney general, celebrated the ruling in a post on X:
The Fourth Circuit rejected GenBioPro’s argument that the Food and Drug Administration Amendments Act of 2007 (FDAAA) preempts West Virginia’s law restricting mifepristone. The company contended Congress mandated nationwide access to chemical abortions in its 2007 amendments to the Food Drug and Cosmetic Act (FDCA).
But the FDCA “create[s] a regulatory floor, not a ceiling,” the court said, and there is no indication Congress “intended to guarantee nationwide access to mifepristone when it enacted the FDAAA” in 2007.
“We take no position on the wisdom or folly of West Virginia’s abortion law,” wrote Judge J. Harvie Wilkinson III, a nominee of former President Ronald Reagan. “As Dobbs makes clear, that judgment belongs with the people and their elected representatives.”
“For us to once again federalize the issue of abortion without a clear directive from Congress, right on the heels of Dobbs, would leave us one small step short of defiance,” Judge Wilkinson added.
“The 4th Circuit Court of Appeals rightly refused GenBioPro’s invitation to federalize the issue of abortion,” Alliance Defending Freedom (ADF) Senior Counsel Erin Hawley, vice president of the ADF Center for Life and Regulatory Practice, said in a statement, adding,
For years, abortion profiteers like Planned Parenthood have falsely asserted that chemical abortion is “very safe,” even safer than generic drugs like penicillin, Tylenol and Viagra.
This is flatly untrue. In addition to killing hundreds of thousands of preborn children annually, the abortion pill is extremely dangerous to women.
In April, the Ethics and Public Policy Center (EPPC) released a crucial study – the largest study of its kind – finding that almost 11% of women who abort their child with mifepristone suffer a life-threatening condition, including sepsis, infection and hemorrhage.
Dr. Bill Lile recently appeared on an episode of Focus on the Family with Jim Daly to unpack the data surrounding the abortion pill and its impact on women’s health:
We’re supremely grateful the Fourth Circuit has upheld West Virginia’s crucial law protecting both preborn babies and their mothers. We hope and pray that more states will soon follow West Virginia’s smart lead.
The case is GenBioPro v. Raynes.
If you are experiencing an unexpected pregnancy and want to learn more about your options, you can visit My Choice Network.
To learn more about the abortion pill reversal protocol, visit abortionpillreversal.com or call 1-877-558-0333 to be connected with a medical professional who can guide callers through the process of reversing the pill’s effects.
Related articles and resources:
New Insights on the Dangers of the Abortion Pill
The Abortion Pill: How Does It Work?
When It’s Not Too Late for an Abortion Pill Reversal
Abortion Pill Chemicals May Be Contaminating America’s Tap Water
Woman Nearly Dies from Abortion Pill, Story Reflects Disturbing EPPC Data
RFK Jr. Announces ‘Complete Review’ of Abortion Pill After ‘Alarming’ New Study Reveals Dangers
New Abortion Pill Study Confirms Danger to Mothers
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