A decisive ruling was made on Thursday by U.S. District Judge Robert Chambers, upholding West Virginia’s stance on abortion as constitutional.
Judge Chambers, who was appointed during the Clinton administration, handed a significant blow to GenBioPro, Inc., an abortion pill manufacturer. He dismissed most of the claims brought forward in their lawsuit.
GenBioPro, Inc. had initiated legal action in January, contesting the state’s Unborn Child Protection Act. The lawsuit was based on two primary points.
First, that the Food and Drug Administration’s (FDA) endorsement of the abortion pill takes precedence over the state ban’s restriction on chemical abortions.
Second, that the state’s abortion prohibition breaches the Constitution’s Commerce Clause. Judge Chambers effectively countered both claims.
In his detailed judgment, Chambers wrote, “States enact laws under their police power to oversee public health and morality.”
He explained that laws based on morality often limit the availability of certain products.
“Morality-based laws often curtail the sale of goods. The vendors of curtailed goods may lose sales opportunities,” he said. “Outraged, vendors can feel the laws must somehow be unconstitutional.”
While some may be provoked by the decision, Chambers stated, “The Supreme Court and Courts of Appeals have time and again recognized that bans grounded in morality don’t fundamentally breach the dormant Commerce Clause.”
RELATED: College Campuses Nationwide Adopt Mechanical End Run of Abortion Restrictions
However, the court did allow one part of GenBioPro’s challenge, permitting their argument against the state’s stance on prescribing the abortion pill through telehealth to proceed further.
West Virginia Attorney General Patrick Morrisey voiced his approval of the court’s decision. In a statement released Thursday, Morrisey remarked, “I’m gratified that the court concurred with our perspective.”
He further emphasized the authority of states in these matters, stating, “While manufacturers of abortion drugs might not appreciate it, the U.S. Supreme Court has unequivocally stated that the responsibility of regulating abortion rests with the states. I remain committed to advocating for the rights of the unborn.”
On the other side, GenBioPro CEO Evan Masingill communicated the company’s intent to reassess the court’s decision.
In a statement to the DCNF, Masingill maintained, “We have full faith in the legal foundation of our claims and are deliberating our subsequent moves in our ongoing effort to guarantee access for patients in need of this vital medication.”
