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GenBioPro Mifepristone Ruling Intensifies Tension Between Courts

 
• By Brenda Sandburg

West Virginia judge finds GenBioPro has standing to sue state and that Comstock Act does not prohibit mailing of medication abortion drugs. Ruling deepens conflict between courts as Fifth Circuit hears appeal of Texas district court order staying approval of mifepristone.

Mifepristone box
Court rules GenBioPro can challenge West Virginia's mifepristone restrictions • Source: Shutterstock

GenBioPro won an initial round in its lawsuit challenging West Virginia’s restrictions on access to mifepristone as a district court found it has standing to pursue its claims. The decision addresses key issues that the US Supreme Court is likely to take up in the Texas district case challenging the US Food and Drug Administration’s approval of the medication abortion drug.

In a 2 May order, US District Judge Robert Chambers, of the US District Court for the Southern District of West Virginia, found GenBioPro plausibly alleges injury from the...

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