The United States Supreme Court has not yet released its judgment, limiting abortion rights significantly. Still, one of the next legal battles has already begun in a Mississippi court, writes Reuters.
What happened: Las Vegas-based GenBioPro Inc, the maker of a pill used in medication abortions, has filed a federal lawsuit challenging the conservative state's limits on the pill, which is used in more than half of all abortions in the United States.
If the Supreme Court guts or overturns the 1973 Roe v. Wade decision, which legalized abortion worldwide, litigation over pharmaceutical abortion, which is permitted for use up to 10 weeks of pregnancy, is likely to take center stage.
Mifepristone, one of two medicines used in medication abortion, is sold by GenBioPro. In a 2020 lawsuit, the corporation claimed that Mississippi's restrictions on the pill contradicted the FDA's permission for use in abortions. According to GenBioPro, the state law is pre-empted by the FDA's approval, which means that federal power supersedes any state action.
Why it's Important: The lawsuit, which legal experts say is a long shot, targets multiple Mississippi restrictions, including one that requires women to take the pill in the presence of a doctor.
The Mississippi restrictions "upset the balance that the FDA struck between risk mitigation and ensuring access to a safe and effective medication," the GenBioPro lawsuit said.
The state asked in a court filing that the lawsuit be thrown out, saying there is "no evidence that Congress ever intended the FDA to have the power to nullify a state's ability to regulate in the controversial and highly sensitive area of abortion."
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