West Virginia Attorney General Patrick Morrisey said GenBioPro, a company that makes a generic version of the abortion pill mifepristone, nixed the remaining count in its challenge to the state’s laws that bar prescribing the drug via telehealth.
As a result, Judge Robert Chambers of the U.S. District Court for the Southern District of West Virginia Huntington Division has entered a final dismissal order Monday.
Attorney General Morrisey won an earlier partial dismissal in August—Chambers found West Virginia’s Unborn Child Protection Act was not preempted by federal law and dismissed all other claims except the preemption attack on the telehealth provisions.
“The U.S. Supreme Court has made it clear that regulating abortion is a state issue, and I will always stand strong for the life of the unborn,” Attorney General Morrisey said.
The final dismissal now sets the stage for an expected appeal.
“As we did in federal district court, we stand ready to defend West Virginia law to the fullest,” Attorney General Morrisey said. “There’s no doubt in my mind the new Unborn Child Protection Act is not preempted by federal law and that all of these statutes are constitutional.”
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