One of several lawsuits questioning the legality of pharmaceutical abortion in the post-Roe legal environment was launched on Wednesday by the maker of abortion pills GenBioPro. The company claims that West Virginia's broad restriction on the technique is unconstitutional.
Mifepristone, the first medicine of a two-drug regimen used to perform a medical abortion, is produced by GenBioPro. Since the Supreme Court's decision in June to overturn Roe v. Wade, which established a constitutional right to abortion, medication abortion has become a contentious topic.
According to the Guttmacher Institute, a research organization that promotes abortion rights, medication abortion now makes up more than half of all abortions performed in the U.S. Even though more than a dozen states have outlawed the practice, the Biden administration has worked to protect access to abortion pills.
The pharmaceutical company contends that state law is superseded by the Food and Drug Administration's regulations on abortion drugs, which it filed in federal court in West Virginia. Also on Wednesday, a doctor in North Carolina filed a lawsuit against government leaders over the strict guidelines the state has set forth for the use of mifepristone.
According to legal analyst Rachel Rebouché, the "anti-abortion mirror" of the two lawsuits, which contends that the FDA exceeded its power by allowing medication abortion in 2000, was filed in November by anti-abortion medical professionals. Because of the inconsistent abortion regulations that have emerged around the nation since the high court's ruling, the results of the lawsuits may influence who has access to medication abortion.
Rebouché, dean of Temple University's law school, said in an interview with NBC News, "Think about one federal court in Texas saying mifepristone shouldn't be on the market, and one federal court in North Carolina saying the FDA preempts state law." "There will inevitably be confusion."
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