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US Appeals Court Upholds West Virginia Restriction on Abortion Pill Sales
WEST VIRGINIA, UNITED STATES, JUL 18 – The 4th Circuit ruled states can restrict mifepristone despite FDA approval, with medication abortions comprising 63% of U.S. abortions in 2023, according to the Guttmacher Institute.
- In a 2-1 decision, the U.S. Court of Appeals for the Fourth Circuit issued a ruling on July 15, 2025, holding that FDA approval does not override the 2022 Unborn Child Protection Act.
- After the Dobbs v. Jackson Women’s Health Organization decision in 2022, West Virginia enacted its near-total abortion ban, and GenBioPro argued federal law preempted those restrictions.
- The court wrote `“would upend the federal-state balance by supplanting every state law tangentially touching a federal domain.”` and noted GenBioPro Inc. argued the state cannot block access to its FDA-approved mifepristone.
- Patrick Morrisey called the ruling `“big win”`, while Erin Hawley said `“rightly refused GenBioPro’s invitation to federalize the issue of abortion.”`
- Across Republican-controlled states, medication abortions now account for more than half of all abortions in the U.S., and 28 states, including West Virginia, have laws that limit or ban their use, highlighting how states have adopted similar restrictions.
60 Articles
60 Articles
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States Need To Go Further Than The Federal Government On Banning Chemical Abortions
In a landmark decision this week, the U.S. Court of Appeals for the Fourth Circuit upheld West Virginia’s near-total ban on chemical abortions — a major win for federalism, health and safety, and the pro-life cause. This ruling affirms what we at March for Life have long believed: states have both a right and a responsibility to protect life and public health, even when it means outpacing the federal government in doing so. The key question befo…
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