Earlier today, reproductive health advocates filed two federal lawsuits—one in North Carolina and another in West Virginia—challenging state laws imposing medically unnecessary restrictions on physicians prescribing the abortion pill. CarrieNBaker reports
that federal laws take precedence over state laws that are in conflict, and prohibits states from interfering with matters that are exclusively entrusted to the federal government—such as the regulation of medications.
Reproductive health advocates have been working for years to loosen FDA restrictions on mifepristone, only to face political motivated state restrictions on the medication. Dr. Franz Theard prepares doses of mifepristone at the Women’s Reproductive Clinic in Santa Teresa, N.M., on May 7, 2022. The clinic is a major provider of abortion pills to women from Texas, where abortion is outlawed. A second lawsuit challenging state restrictions on abortion pills was filed by GenBioPro, which received FDA approval to market the first generic version of mifepristone in 2019.
“Congress subjected [mifepristone] to a substantial and detailed federal regulatory program with which West Virginia law interferes. That state law must give way to the comprehensive federal regime Congress enacted and the Food and Drug Administration implemented,” the complaint states. “West Virginia’s ban and restrictions “impermissibly restrict patients’ access to mifepristone and GenBioPro’s opportunity and ability to market, promote, and sell the medication in the State.
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