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A federal appeals court on Tuesday (July 15) upheld West Virginia’s ban on abortion pills. The decision was made following GenBioPro, an abortion-pill manufacturer, arguing that the approval of its generic version of mifepristone by the U.S. Food and Drug Administration in 2019 preempts regulation by states.

However, the U.S. Court of Appeals for the 4th Circuit holds that only explicit preemption by Congress can hinder state regulations, adding that current laws about prescription drugs “suggest that Congress intended to create a regulatory floor, not a ceiling.” Therefore, states are at liberty to strengthen federal safety measures without the power to dilute them.

The West Virginia abortion-pills lawsuit got significant attention, with 10 friend-of-the-court briefs supporting GenBioPro and 47 supporting the West Virginia ban. Pro-lifers celebrated the ruling as it enables pro-life states to maintain restrictions on chemical abortions.

As for whether the FDA has any oversight over states in regulating prescription drugs, the 4th Circuit panel decision affirms that states have a right to regulate the selling of prescription drugs within their jurisdiction. Despite emphasis on the heavy implications of the court’s decision, the case does not directly affect the possibility of selling abortion pills through direct mailing.

Note: This synopsis was reorganized and rewritten based on the original article.