Supporters of abortion rights have filed separate lawsuits challenging abortion pill restrictions in North Carolina and West Virginia.
WASHINGTON — Supporters of abortion rights filed separate lawsuits Wednesday challenging two states' abortion pill restrictions, the opening salvo in what's expected to a be a protracted legal battle over access to the medications.
The litigation turns on a longstanding legal principle that federal law, including FDA decisions, pre-empt state laws. Indeed, few states have ever tried to fully ban an FDA-approved drug because of past rulings in the agency's favor. "West Virginia cannot override the FDA's safety and efficacy determinations, nor can it disrupt the national market for this medication," David Frederick, an attorney representing GenBioPro, said in a statement.North Carolina bans nearly all abortions after 20 weeks, with narrow exceptions for urgent medical emergencies. Any physician prescribing medication abortion is required to be in the same room as the patient when administering the drug.
The FDA approved mifepristone in 2000 to end pregnancy, when used in combination with a second drug, misoprostol. The combination is approved for use up to the 10th week of pregnancy. That change was made at the request of the two drug manufactures: GenBioPro and Danco Laboratories, which makes brand-name Mifeprex.
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