Clinton-Appointed Fed Judge Delivers Pro-Life Victory, Abortion Pill Manufacturer Is Livid
A federal judge upheld West Virginia’s abortion ban as constitutional, rejecting almost every part of abortion pill manufacturer GenBioPro Inc.’s lawsuit.
U.S. District Judge Robert Chambers rejected the manufacturer’s claims that the Food and Drug Administration’s approval of the abortion pill pre-empts the state ban’s prohibition of chemical abortions and that the abortion ban violates the Constitution’s Commerce Clause.
GenBioPro filed the lawsuit challenging the state’s Unborn Child Protection Act in January.
“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,” the judge said.
Chambers was appointed to the bench by then-President Bill Clinton in 1997.
The court did allow the manufacturer’s challenge to the state’s prohibition on prescribing the abortion pill via telehealth to continue.
West Virginia Attorney General Patrick Morrisey said in a statement Thursday that he is “pleased the court saw it the way we did.”
“While it may not sit well with manufacturers of abortion drugs, the U.S. Supreme Court has made it clear that regulating abortion is a state issue,” Morrisey said. “I will always stand strong for the life of the unborn.”
GenBioPro CEO Evan Masingill told ABC News the company was considering “next steps” and was “confident in the legal strength of our claims.”
GenBioPro did not immediately respond to a request for comment.
All content created by the Daily Caller News Foundation, an independent and nonpartisan newswire service, is available without charge to any legitimate news publisher that can provide a large audience. All republished articles must include our logo, our reporter’s byline and their DCNF affiliation.
For any questions about our guidelines or partnering with us, please contact licensing@dailycallernewsfoundation.org.
Truth and Accuracy
We are committed to truth and accuracy in all of our journalism. Read our editorial standards.
