On July 14, a panel of the U.S. Court of Appeals for the Fourth Circuit dismissed GenBioPro’s lawsuit arguing that West Virginia’s ban on the abortion pill mifepristone was preempted by federal law granting the FDA exclusive authority to regulate medications. In a 2-1 decision, the court said states may block access to FDA approved medications. 

Skye Perryman, president and CEO of Democracy Forward, which supported the lawsuit, said, “Access to federally approved medication should not depend on one’s zip code, but unfortunately today’s decision creates that reality for many.”