CHARLESTON, WV (WVDN) — West Virginia Attorney General Patrick Morrisey on Thursday, August 24, 2023, issued a statement following the Southern District of West Virginia Huntington Division’s decision dismissing nearly every claim lodged by GenBioPro, a company that makes a generic version of the abortion pill mifepristone.
“As I have said all along, the new Unborn Child Protection Act is constitutional,” Attorney General Morrisey said. “I am pleased the court saw it the way we did.”
“While it may not sit well with manufacturers of abortion drugs, the U.S. Supreme Court has made it clear that regulating abortion is a state issue,” the Attorney General continued. “I will always stand strong for the life of the unborn.”
The company argued that West Virginia’s new abortion law and a prohibition against telehealth abortion pill prescriptions are unconstitutional and preempted by federal law—that the state cannot enforce a “ban” of a U.S. Food and Drug Administration-approved drug.
While the court allowed the telehealth provision challenge to proceed, it concluded that the new pro-life law was constitutional and not preempted.
“We look forward to arguing the remaining issue of this lawsuit, and we are confident in the merits of our case,” Attorney General Morrisey said.
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