Zincwarrior
Diamond Member
Federal court upheld the state of West Virginia's ban on chemical abortion drug mifepristone, despite its approval by the FDA. Looks like New York and California will get more telemed calls.
West Virginia’s near-total abortion pill ban upheld by federal court
The court upheld West Virginia’s 2022 law banning mifepristone for abortions in most cases.A divided federal appeals court on Tuesday allowed West Virginia to restrict access to mifepristone, the pill used to end pregnancies that has emerged as a focal point of legal battles over abortion.
The decision marks the first time a federal appeals court has allowed a state to strictly limit the drug, teeing up a key test of states’ powers to ban medication approved by the Food and Drug Administration.
Mifepristone is the first part of a two-drug regimen for abortion. The medication has been used in more than half of all abortions since 2022, when the Supreme Court in Dobbs v. Jackson Women’s Health Organization struck down the constitutional right to the procedure, according to the Guttmacher Institute, a policy group that supports reproductive rights.
Following the Dobbs decision, West Virginia passed a law banning surgical and medication abortions with limited exceptions, including to save the life of the mother or in cases of rape and incest. Abortion providers face felony charges under the state’s law.