eliminating the nationwide right to abortion does not allow Mississippi to stop it from selling the pills in the state.
GenBioPro, which makes a generic version of the drug mifepristone, said in a Thursday filing in Jackson, Mississippi federal court that the US Food and Drug Administration's approval of the drug should override any state ban. The Las Vegas-based company sued the state in 2020 to challenge regulations that restricted medication abortion specifically. Mississippi is now set to ban nearly all abortions under a 2007"trigger law" following the Supreme Court's ruling in Dobbs v. Jackson Women's Health, which overturned its landmark 1973 ruling in Roe v. Wade establishing a constitutional right to abortion.
GenBioPro said that law will create a"that-much more direct and glaring conflict" with the FDA. It cited U.S. Attorney General Merrick Garland's statement last week that states"may not ban mifepristone based on disagreement with the FDA's expert judgment about its safety and efficacy." Mississippi said in an opposing filing that"the legal landscape following Dobbs has shifted overwhelmingly in favor of the state's authority to regulate or prohibit abortion," and that there was no evidence that Congress ever intended the FDA to restrict states' ability to regulate abortion.
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