Clinton-appointed judge delivers pro-life win, angers abortion pill maker.
Clinton-Appointed Fed Judge Delivers Pro-Life Victory, Abortion Pill Manufacturer Is Livid
A federal judge has upheld West Virginia’s abortion ban as constitutional, dealing a blow to abortion pill manufacturer GenBioPro Inc. In a lawsuit filed by the company, U.S. District Judge Robert Chambers rejected their claims that the FDA’s approval of the abortion pill should override the state ban on chemical abortions. The judge also dismissed the argument that the ban violates the Constitution’s Commerce Clause.
While the court ruled in favor of the state, it did allow GenBioPro’s challenge to the prohibition on prescribing the abortion pill via telehealth to continue. West Virginia Attorney General Patrick Morrisey expressed satisfaction with the court’s decision, emphasizing that the regulation of abortion is a state issue.
GenBioPro CEO Evan Masingill responded to the ruling, stating that the company is considering its “next steps” and remains confident in the strength of their legal claims. However, the company did not immediately provide further comment.
“States enact laws pursuant to their police power to regulate public health and morality,” Chambers wrote. “Morality-based laws often curtail the sale of goods. The vendors of curtailed goods may lose sales opportunities. Outraged, vendors can feel the laws must somehow be unconstitutional. And yet, the Supreme Court and Courts of Appeals have repeatedly affirmed that morality-based product bans do not intrinsically offend the dormant Commerce Clause.”
Appointed to the bench by former President Bill Clinton in 1997, Judge Chambers’ ruling is seen as a significant victory for the pro-life movement in West Virginia.
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