Abortion Pill Maker’s Suit Proceeds Against West Virginia Ban

April 24, 2023, 1:22 PM UTC

Generic mifepristone maker GenBioPro Inc. can proceed with its lawsuit challenging West Virginia’s near-total abortion ban, a federal court said.

There’s no reason to delay the lawsuit based on a single Texas federal judge’s decision to stop sales of mifepristone during litigation over the validity of its Food and Drug Administration approval, the US District Court for the Southern District of West Virginia said.

Neither district Judge Matthew Kacsmaryk’s opinion, nor an appeals court decision that narrowed the preliminary injunction’s scope, were binding on the West Virginia-based court, it said. They merely “forecast” that the approval may eventually be ...

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