Latest news with #J.HarvieWilkinson
Time of India
7 days ago
- Health
- Time of India
West Virginia ban on abortion medication upheld
A divided federal appeals court on Tuesday upheld West Virginia's near-total ban on abortion, including limits on the widely used medication abortion drug mifepristone. The 4th U.S. Circuit Court of Appeals in Richmond, Virginia, said the Food and Drug Administration's approval of mifepristone did not preempt West Virginia's law as applied to medication abortions, which account for more than half of U.S. abortions. Circuit Judge J. Harvie Wilkinson said a 2007 federal law giving the FDA more authority over "high-risk" drugs did not evince a clear intention to displace states' traditional right to protect their citizens' health and safety. Wilkinson also found no indication that Congress intended to guarantee nationwide access to mifepristone. "The debate joined by able and dedicated supporters and opponents of access to abortion medications is simply not one, in the absence of clear congressional direction, for this court to decide," the judge wrote. Tuesday's 2-1 decision is the first by a federal appeals court to say states can restrict use of the pill. In June 2024, the U.S. Supreme Court preserved access to mifepristone, rejecting an effort by anti-abortion doctors and groups to roll back FDA approval. West Virginia's law had been challenged by GenBioPro, a Nevada company that sells a generic version of mifepristone. Opponents said letting the law stand could allow other states to criminalize access to federally approved medications. The law "sets a dangerous precedent regarding access to other evidence-based health care that (the) FDA has deemed safe and effective," said Skye Perryman, president of the nonprofit Democracy Forward, which helped represent GenBioPro. Erin Hawley, a lawyer representing West Virginia, said the court "rightly refused GenBioPro's invitation to federalize the issue of abortion." Hawley is senior counsel at the nonprofit Alliance Defending Freedom, which also brought the Supreme Court mifepristone case. Governor Patrick Morrisey , a Republican who defended West Virginia's law as that state's attorney general, called the decision a "big win" that lets West Virginia "lead the nation in our efforts to protect life." DISREGARDING SUPREME COURT 'NOT AN OPTION' Mifepristone is the first pill, followed by the drug misoprostol, for medication abortion in the first 10 weeks of pregnancy, and won FDA approval in 2000. Twenty-eight states restrict access to medication abortions, according to the nonprofit Guttmacher Institute, which focuses on reproductive health. West Virginia's Unborn Child Protection Act banned abortion with narrow exceptions, including within the first 14 weeks of pregnancy for minors who are victims of rape and incest. Without opining on the law, Wilkinson said federal courts shouldn't substitute their policy preferences for those of state legislators. He also said voiding the law would amount to near "defiance" of Dobbs v. Jackson Women's Health Organization , the 2022 Supreme Court decision that eliminated the federal constitutional right to abortion. "Just after the Supreme Court restored the states' traditional authority to regulate abortion, GenBioPro would have us wrest it right back," Wilkinson wrote. "At a time when the rule of law is under blunt assault, disregarding the Supreme Court is not an option," he added. Wilkinson was appointed to the bench by Republican President Ronald Reagan. His opinion was joined by U.S. District Judge Rossie Alston, an appointee of Republican President Donald Trump who normally sits in Alexandria, Virginia. Circuit Judge DeAndrea Gist Benjamin, an appointee of Democratic President Joe Biden, dissented, saying West Virginia's law "erects barriers to life-saving healthcare for countless West Virginians in ways not envisioned by Congress." She also said the law could unduly burden patients in medically underserved areas elsewhere by forcing West Virginians to travel to other states for treatment. Tuesday's decision upheld an August 2023 ruling by U.S. District Judge Robert Chambers in Huntington, West Virginia.
The Hill
15-07-2025
- Health
- The Hill
Appeals court upholds West Virginia's medication abortion ban
A divided federal appeals court panel on Tuesday upheld West Virginia's ban on medication abortion, ruling that the law does not conflict with the Food and Drug Administration's ability to regulate the drug. The U.S. Court of Appeals for the Fourth Circuit dismissed mifepristone manufacturer GenBioPro's effort to strike down West Virginia's near-total abortion ban in a 2-1 decision. The court ruled FDA's approval of mifepristone did not preempt West Virginia's law. GenBioPro produces a majority of the mifepristone sold in the United States, and has held FDA approval for generic mifepristone since 2019. GenBioPro argued that FDA's authority to impose regulations on the prescription and distribution of mifepristone superseded state efforts to restrict access to medications. A lower court ruled against the company, which then appealed the decision. Circuit Judge J. Harvie Wilkinson wrote that a 2007 federal law 'leaves the states free to adopt or diverge from West Virginia's path' and it 'falls well short of expressing a clear intention to displace the states' historic and sovereign right to protect the health and safety of their citizens.' The ruling is the first time a federal appeals court has said states can restrict use of mifepristone. Twenty-eight states restrict access to medication abortions, according to the reproductive health nonprofit Guttmacher Institute. The Supreme Court upheld access to mifepristone last year, when it unanimously dismissed a lawsuit seeking to roll back changes FDA made in 2016 and 2021 to expand access. 'We respect the fact that appellant and some amici have argued that access to mifepristone is important to the health of women in the course of their reproductive choices,' Wilkinson wrote. 'Our objection is not to the substance of this point, but to the venue in which it is advanced.' Wilkinson was appointed by President Reagan. He was joined by U.S. District Judge Rossie Alston, an appointee of President Trump. 'The court is allowing the state to continue putting those seeking medication abortion care in harm's way,' GenBioPro CEO Evan Masingill said in a statement. 'The panel's ruling allows states to restrict access to medications that FDA has deemed safe and effective, threatening a dangerous ripple effect on the availability of essential medications in this country. As we have always made clear, GenBioPro will not stop fighting to ensure all people can access safe, evidence-based healthcare.' West Virginia Gov. Patrick Morrisey (R) said in a statement he was '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!' he said. In a dissent, Circuit Judge DeAndrea Gist Benjamin said the state's law 'erects barriers to life-saving healthcare for countless West Virginians in ways not envisioned by Congress.' Benjamin, who was appointed by former President Biden, added that 'the twin sensitivities of abortion access and states' rights cannot influence our willingness to recognize the Food and Drug Administration's (FDA) clear authority in this area.' 'By criminalizing medical providers and prohibiting medication abortions, then, West Virginia has exceeded the ability to regulate abortion as established in Dobbs and has trespassed on the FDA's authority to regulate the safe use of and unburdened access to mifepristone,' Benjamin wrote.
