WASHINGTON — Efforts in states to further restrict medication abortion face legal questions over potential conflicts with federal drug regulations. And...
GenBioPro, through an ongoing lawsuit against Mississippi, isin light of the statewide ban — using the same logic the Massachusetts district court judge used when she blocked the New England commonwealth from banning Zohydro.
“Mississippi’s current restrictions on mifepristone already upset the balance the FDA struck between risk mitigation and ensuring access to a safe and effective medication,” GenBioPro’s lawyers argued in a letter to the presiding judge on June 30. “A ban would further distort that balance and run farther afoul of the Supremacy Clause [of the Constitution].
that “states may not ban mifepristone based on disagreement with the FDA’s expert judgment about its safety and efficacy.” Keith said she thinks the state vs. federal fight over regulating medication abortion will be the “next frontier, for many reasons.” “A lot of this, I think, is going to run headlong into arguments about federal preemption,” she said, referring to the idea that federal law supersedes conflicting state law. “The federal government is in charge of the mail, the federal government is in charge of approving drugs, and it’s just gonna be a matter of litigating that out and sort of bringing legal challenges.”. Emily Caldwell is covering politics in Washington for The Dallas Morning News.
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