CHARLESTON, W.Va. — A federal appeals court has upheld West Virginia’s near-total abortion ban, including its restrictions on the abortion medication mifepristone, dealing a significant blow to a pharmaceutical company that challenged the state law.
In a 2-1 decision on Tuesday, the 4th U.S. Circuit Court of Appeals ruled that the U.S. Food and Drug Administration’s approval of mifepristone does not override the state’s 2022 law, which bans nearly all abortions, including those induced by medication.
The lawsuit was brought by GenBioPro, the manufacturer of a generic version of mifepristone. The company argued that FDA approval of the drug should preempt state law, allowing it to be sold and used in West Virginia. However, the appeals court disagreed, affirming a lower court’s decision that the state has the authority to restrict access to abortion medications within its borders.
Mifepristone, approved by the FDA in 2000, is used in combination with misoprostol to terminate pregnancies up to 10 weeks. Medication abortions now account for more than half of all abortions in the U.S., though 28 states, including West Virginia, have laws that limit or ban their use.
West Virginia’s ban remains one of the strictest in the country, and Tuesday’s ruling ensures it will remain in place — at least for now.
Governor Patrick Morrisey, who previously served as the state’s attorney general and defended the law in court, celebrated the decision.
“Big win out of the 4th Circuit today,” said Morrisey in a statement. “I defended this law as Attorney General and am proud to see a victory in this case. West Virginia can continue to enforce our pro-life laws and lead the nation in our efforts to protect life. We will always be a pro-life state!”
The ruling is a significant moment in the national legal battle over access to abortion medications, which remains ongoing across multiple states and courts.
