GenBioPro, which manufactures the pill, filed its complaint in West Virginia, naming as defendants a county prosecutor and the state attorney general, Patrick Morrisey, who said in a statement that his state's law was "clearly constitutional."
Under FDA rules, mifepristone can only be prescribed by certified providers who understand how the drug works and agree to look out for potential complications or medical conditions such as an ectopic pregnancy, which requires immediate medical attention. But the FDA also says mifepristone is safe enough to be provided via telehealth appointments and mailed to a patient without evaluating them in person.
In North Carolina, for example, mifepristone is allowed early in pregnancy in line with FDA rules. But the state also requires that the patient obtain the drug through a physician in a specially certified surgical facility. The state also requires state-mandated counseling 72 hours in advance of any abortion.
Bryant's lawyer, Eva Temkin, argued federal rules for the drug preempt state regulations when the two conflict. They also see North Carolina as a hopeful place to try it out. While Republicans control both chambers of the state legislature, the administration is run by Democratic Gov. Roy Cooper. The lawsuit names North Carolina Attorney General Josh Stein as a defendant; Stein, a Democrat, last week announced his bid for governor in 2024.Morrisey, the West Virginia attorney general, said in his statement that we are prepared to defend West Virginia's new abortion law to the fullest.