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Tipsheet

US Appeals Court Allows This State to Restrict the Abortion Pill

AP Photo/Charlie Neibergall

A federal appeals court upheld a lower court’s decision to restrict the sale of the abortion pill in West Virginia. 

According to the Associated Press, the 4th U.S. Circuit Court of Appeals in Richmond, Virginia affirmed the ruling by a district judge in 2023. At the time, U.S. District Court Judge Robert C. Chambers ruled that a pro-life signed off by former Gov. Jim Justice (R) took precedent over approvals for the abortion pill from former President Joe Biden’s Food and Drug Administration (FDA).

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After the Supreme Court handed down the Dobbs decision in 2022, many states like West Virginia enacted pro-life laws in response to the Biden administration’s “whole-of-government” approach to promote abortion (via AP):

“For us to once again federalize the issue of abortion without a clear directive from Congress, right on the heels of Dobbs, would leave us one small step short of defiance,” 4th Circuit Judge J. Harvie Wilkinson III wrote for the court.

“One can of course agree or disagree with the Dobbs decision. But that is not the point,” Wilkinson said. “At a time when the rule of law is under blunt assault, disregarding the Supreme Court is not an option.”

In a statement, West Virginia Gov. Patrick Morrisey called the decision a “big win.” 

“I defended this law as Attorney General and am proud to see a victory in this case. West Virginia can continue to enforce our pro-life laws and lead the nation in our efforts to protect life. We will always be a pro-life state!” he added.

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