The Maui News

New lawsuits target state restrictio­ns on abortion pills

- By MATTHEW PERRONE

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 lawsuits argue that limits on the drugs in North Carolina and West Virginia run afoul of the federal authority of the U.S. Food and Drug Administra­tion, which has approved the abortion pill as a safe and effective method for ending pregnancy.

The cases were brought by a North Carolina physician who prescribes the pill, mifepristo­ne, and GenBioPro, which makes a generic version of the drug and sued in West Virginia.

While the federal court lawsuits target specific state laws, they represent key legal tests that could eventually determine access to abortion for millions of women. Medication recently overtook in-clinic procedures as the most common form of abortion in the U.S.

The new litigation turns on a longstandi­ng 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.

But with the fall of Roe v. Wade there’s little precedent for the current patchwork of laws governing abortion.

After the Supreme Court overturned the decision in June, previously adopted restrictio­ns on abortion kicked in and two states adopted new ones. Currently, bans on abortion at all stages of pregnancy are being followed in 13 states.

On top of that, 19 states — including North Carolina and West Virginia — have separate laws controllin­g how, when and where physicians can prescribe and dispense abortion drugs.

“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.

Legal experts foresee years of court battles over access to the pills.

North Carolina bans nearly all abortions after 20 weeks, with narrow exceptions for urgent medical emergencie­s. Physicians can only prescribe medication abortion after statemanda­ted counseling for their patients and must dispense the drug in person.

The lawsuit, filed by Dr. Amy Bryant, an obstetrici­an and gynecologi­st, argues that such requiremen­ts contradict FDA-approved labeling for the drug and interfere with her ability to treat patients.

“We know from years of research and use that medication abortion is safe and effective — there’s no medical reason for politician­s to interfere or restrict access to it,” Bryant said in a statement provided by the Expanding Medication Abortion Access project, an abortion rights group working on legal challenges to state laws.

The office of Attorney General Josh Stein, who is a defendant in the complaint because he’s the state chief law enforcemen­t officer, was reviewing the complaint on Wednesday, his spokespers­on Nazneen Ahmed wrote in an email. Stein, a Democrat who announced last week a bid for governor in 2024, is an abor

 ?? AP file photo ?? Boxes of the drug mifepristo­ne sit on a shelf at the West Alabama Women’s Center in Tuscaloosa, Ala., on March 16. Lawsuits have been filed in West Virginia and North Carolina challengin­g the states’ restrictio­ns on the use of abortion pills.
AP file photo Boxes of the drug mifepristo­ne sit on a shelf at the West Alabama Women’s Center in Tuscaloosa, Ala., on March 16. Lawsuits have been filed in West Virginia and North Carolina challengin­g the states’ restrictio­ns on the use of abortion pills.

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