West Virginia can restrict the sale of the abortion pill, despite federal regulators’ approval of it as a safe and effective medication, a federal judge has ruled.

U.S. District Court Judge Robert C. Chambers determined Thursday that the near-total abortion ban signed by Republican Gov. Jim Justice in September 2022 takes precedence over approvals from the U.S. Food and Drug Administration.

    • RampageDon@lemmy.ml
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      1 year ago

      Yea. I think key words are restrict sales. Sure WV doesn’t have to sell them, but they can’t stop people from getting it elsewhere, at least not with this ruling.

    • transmatrix@lemmy.world
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      1 year ago

      States can regulate alcohol, cannabis, and even things like vape pen sales online. So, while this would work with “black market” sites, I expect that any reputable company won’t ship to states that prohibit it out of fear of being sued.

      • archiotterpup@lemmy.world
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        1 year ago

        Right. Those are recreational, not FDA approved medications. Congress gave the FDA authority to regulate medications. This upends that entire system, especially when the reasoning is without factual evidence.

        • transmatrix@lemmy.world
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          1 year ago

          Sure, but I still think you’re underestimating the “chilling effect.” Just look at how most abortion bans have exceptions for rape and incest, but proving that is onerous and as a result most doctors aren’t willing to risk their medical license and livelihood to provide an abortion.