Abortion Pill Maker Sues Red States over Bans: 'Impacts the Company's Bottom Line'

by Alexa Schwerha

A company behind the manufacturing of a pill used in chemical abortions filed a lawsuit on Wednesday morning challenging state bans on the abortions, The New York Times reported.

GenBioPro, which makes the abortion pill mifepristone, filed the lawsuit in a West Virginia federal court to argue that Federal Food and Drug regulations (FDA) take priority over state laws regulating abortion, according to the NYT. The lawsuit argues that the FDA’s approval of the abortion pill trumps state laws and that abortion bans violate the Commerce Clause of the Constitution, which protects interstate commerce.

As of Jan. 6., at least 13 states have laws on the books that outlaw abortion, according to tracking by the NYT. GenBioPro said that its mifepristone sales in several states which have banned abortion dropped to zero, the NYT reported.

Indiana bans use of abortion medication at 10 weeks and Texas bans the pills starting at seven weeks, according to the Guttmacher Institute. Several other states regulate how abortion pills are administered.

“If people don’t have access to mifepristone, then of course, it impacts the company’s bottom line,” Dr. DeShawn Taylor, GenBioPro’s medical director, told the NYT.

The FDA announced earlier this month that abortion pills could be dispensed at pharmacies without an exam from a doctor. The Department of Justice (DOJ) decided in December that the U.S. Postal Services could continue shipping abortion pills to red states that banned abortion.

More than half of all abortions in America use abortion pills, the NYT reported.

If the court rules in favor of GenBioPro then states which banned abortion could be compelled to allow the pill to be prescribed, the NYT reported. Experts, however, worry that a ruling against the company could set precedent for states to outlaw other prescriptions including the COVID-19 vaccine or morning-after pills.

Another lawsuit filed Wednesday by a North Carolina obstetrician-gynecologist challenges state requirements for allegedly going beyond FDA guidance on regulating mifepristone.

The FDA and GenBioPro did not immediately respond to the Daily Caller News Foundation’s request for comment.

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Alexa Schwerha is a reporter at Daily Caller News Foundation.
Photo “mifepristone” by Robin Marty. CC BY 2.0.

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