New lawsuits target state restrictions on abortion pills
WASHINGTON Supporters of abortion rights filed separate lawsuits Wednesday challenging two states' abortion pill restrictions, the opening salvo in whats expected to a be a protracted legal battle over access to the medications.
The lawsuits argue that limits on the drugs in North Carolina and West Virginia run afoul of the federal authority of the U.S. Food and Drug Administration, which has approved the abortion pill as a safe and effective method for ending pregnancy.
The cases were brought by a North Carolina physician who prescribes the pill, mifepristone, and GenBioPro, which makes a generic version of the drug and sued in West Virginia.
While the lawsuits target specific state laws, they represent key legal tests that could determine access to abortion for millions of women.
The litigation turns on a longstanding legal principle that federal law, including FDA decisions, pre-empt state laws. Indeed, few states have ever tried to fully ban an FDA-approved drug because of past rulings in the agencys favor.
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