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Lawsuits show focus of abortion battle shifting to medication


Mifepristone, which ends a pregnancy, is generally used with misoprostol, a miscarriage management drug used to empty the uterus.

The changes come after the June 2022 Supreme Court Dobbs v. Jackson Women’s Health Organization decision, which overturned Roe v. Wade and unleashed a flurry of state — and some federal —legislation alternately limiting abortion access and expanding it. 

“We know from years of research and use that medication abortion is safe and effective – there’s no medical reason for politicians to interfere or restrict access to it, or for states to force doctors to comply with mandates not supported by medicine or science,” said Amy Bryant, a plaintiff in the North Carolina case.

GenBioPro, one of two U.S. makers of mifepristone, wrote in its court filing that federal law preempts West Virginia’s ban on using telemedicine to provide the drug. 

“These laws impermissibly restrict patients’ access to mifepristone and GenBioPro’s opportunity and ability to market, promote, and sell the medication in the State,” the company wrote in a court filing. “In “deem[ing]” mifepristone to be one of the few drugs subject to heightened FDA regulation, Congress authorized FDA, and only FDA, to impose restrictions on access to mifepristone.”



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