NRL News

Abortion pill maker wants Judge to override Mississippi law requiring women to meet abortionist in person

by | Jun 9, 2022

By Dave Andrusko

Mississippi is one of 24 states that are trying to ensure that abortion clinics giving women the abortion pill mifepristone follow protocols set by the state requiring. For example, that these pills only be distributed in-person at the clinic by a doctor who has performed a physical examination.

Drugmaker GenBioPro Inc. has taken Mississippi to court, according to reporter Brendan Pierson, over the requirement. 

“Nevada-based GenBioPro, which makes the only generic version of mifepristone, argues that U.S. Food and Drug Administration safety rules for mifepristone, which allow for telemedicine, should preempt the state law,” Pierson.

Last December the Biden FDA relaxed its safety requirements, and allowed women to receive the abortion-producing drugs through the mail. They did so despite a  record of more than two dozen deaths and thousands of serious complications associated with use of mifepristone. It was a patent sop to the abortion industry at the expense of women’s health.

Assistant Attorney General Doug Miracle, said that GenBioPro’s case challenged the state’s “inherent police power” to regulate abortion.

Much of the hearing focused on whether GenBioPro had made a case that it had actually been harmed.

Ken Parsigian said the company was losing potential sales in the state. He pointed to reports that women in Mississippi were increasingly ordering the drug illegally online, suggesting unmet demand, and said a local Planned Parenthood affiliate had told GenBioPro that it would buy its mifepristone if not for the law.

Assistant Attorney General Doug Miracle

dismissed the claim of lost sales as “speculative,” noting that brand-name mifepristone, Danco Laboratories LLC’s Mifeprex, was already available through in-person appointments at Mississippi’s sole abortion clinic.

After hearing oral arguments, U.S. District Judge Henry Wingate did not rule at the hearing. “He said he was still considering whether to wait until after the Supreme Court rules in the other Mississippi case”—Dobbs v. Jackson Womens Health–Pierson wrote. 

Categories: Judicial