West Virginia is being sued by an abortion pill manufacturer.

GenBioPro has filled a lawsuit in West Virginia’s southern district federal court because the state is denying access to medication that was approved by the Food and Drug Administration (FDA).

GenBioPro is one of the two American manufactures of the pill, mifepristone.

The FDA approved mifepristone as a safe way to terminate early pregnancy.

The lawsuit says that West Virginia’s abortion ban is unconstitutional: “Individual state regulation of mifepristone destroys the national common market and conflict with the strong national interest in ensuring access to a federally approved medication to end a pregnancy, resulting in the kind of economic fracturing the Framers intended the Clause to preclude.’

“Congress subjected [mifepristone] to a substantial and detailed federal regulatory program with which West Virginia law interferes. That state law must give way to the comprehensive federal regime Congress enacted and the Food and Drug Administration implemented,” the Complaint states. West Virginia’s ban and restrictions “impermissibly restrict patients’ access to mifepristone and GenBioPro’s opportunity and ability to market, promote, and sell the medication in the State,” the Complaint alleges. 

West Virginia Attorney General issued a statement on the lawsuit saying, “We are prepared to defend West Virginia’s new abortion law to the fullest. 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. I will stand strong for the life of the unborn and will not relent in our defense of this clearly constitutional law.”

“Laws like the ones in effect in West Virginia are harmful and unlawful,” said Skye Perryman, President and CEO of Democracy Forward, who is also serving as counsel for the company.

West Virginia Governor Jim Justice signed the abortion bill into law on September 16, 2022.

The bill, which is meant to clarify the state’s abortion laws, calls for a ban of abortion with limited exceptions. These exceptions include non-viable fetuses, fetal anomalies and medical emergencies.

There are also exceptions for rape and incest but these cases are restricted up to 8 weeks for adults and 14 weeks for minors. In both cases, the bill specifies that the victim must report to law enforcement first.