WASHINGTON, May 26 (Reuters) – The U.S. Supreme Court has not yet released its decision that looks set to dramatically scale back abortion rights, but one of the next legal battles has already begun in a Mississippi court.
That is where the manufacturer of a pill used to carry out medication abortions, Las Vegas-based GenBioPro Inc, has filed a federal lawsuit challenging the conservative state’s restrictions on the pill, used in more than half of all U.S. abortions.
Litigation over medication abortion, approved for use at up to 10 weeks of pregnancy, is likely to take center stage should the Supreme Court gut or overturn the 1973 Roe v. Wade decision that legalized abortion nationwide.
That case, also from Mississippi, concerns the state’s effort to ban abortions after 15 weeks of pregnancy. read more
GenBioPro sells mifepristone, one of two drugs used in medication abortion. The company argued in a 2020 lawsuit that Mississippi’s restrictions on the pill conflict with the U.S. Food and Drug Administration’s approval for use in abortions. In legal jargon, GenBioPro says the state law is pre-empted by the FDA’s approval, meaning federal authority trumps any state action.