West Virginia banned the chemical coathanger Mifepristone. A manufacturer of the drug sued, arguing that the FDA’s approval supersedes the states’ right to prohibit their product. I wonder how much their lawyer made letting them think that?
It is common, especially among state and local municipalities that hire outside counsel for big money (what, it’s not their money) to fight, more often than not, locals, but often enough to take cases to federal court. This instance is different. A private company that makes bank on mail order abortion was protecting its market share. And hey, if one state can do this, they all can, and there are at least a dozen (two dozen?) or more who could, would, or might.
Consider the legal math. A business in Nevada has more rights than the states and people in them because an unelected panel on a board that is part of an Agency in the Federal government said so? Have they read any of the recent SCOTUS decisions of that past few years? Agencies have lost a lot of power. Rules can’t be laws. And states get to decide how much or how little ‘abortion’ they allow and by what means.
The US Constitution never mentions killing unborn babies, nor does it imply that life, liberty, or happiness are only possible if you redefine life to justify ending it for your perceived personal benefit. It is, therefore, constitutionally up to the states and the people.
Surprisingly or not, the Fourth Circuit seems to understand.
“As Dobbs makes clear, that judgment belongs with the people and their elected representatives,” Circuit Judge J. Harvie Wilkinson wrote in the decision. “At a time when the rule of law is under blunt assault, disregarding the Supreme Court is not an option.”
Until such time as we can obtain another set of judges to interpret it differently, GenBioPro, the company that sued, will have to wait to conduct business legally in West Virginia, which is not necessarily a bad thing. Mifepristone is a precarious substance with some dangerous side effects and particular rules for use that, when left to scared girls and women without any consultation or support, can end badly. [Related: MacDonald: Are Mifepristone’s Days Numbered?]
I know, so can driving drunk, and my moral objection to abortion is likely coloring my bias, but here’s the thing. Much like the COVID jabs, for people on the fence or the other side of the issue, the question is making fully informed consent possible. Based on my reading to date, this does not appear to be the case with Mifepristone.
States that choose to allow it will need to do a lot more to justify other claims that they care about girls and women, their health, their care, and their right to choose abortion.
