Overview

• The 2-1 decision held that the Food and Drug Administration Amendments Act of 2007 lacks a clear congressional intent to preempt state abortion restrictions, marking the first appellate ruling allowing states to curb FDA-approved mifepristone.
• Judge J. Harvie Wilkinson III wrote the majority opinion, joined by Judge Rossie Alston, emphasizing that states retain authority over health and safety regulations in the absence of explicit federal directives.
• Judge DeAndrea Gist Benjamin dissented, warning that upholding the ban erects barriers to life-saving healthcare for countless West Virginians.
• GenBioPro, the sole U.S. manufacturer of generic mifepristone, said it will seek en banc review and consider Supreme Court appeals to restore medication abortion access.
• West Virginia Governor Patrick Morrisey celebrated the ruling as a victory for state sovereignty and pro-life enforcement in health policy.