GenBioPro Inc, which makes a generic version of the drug mifepristone, said in a filing Thursday in federal court in Jackson, Mississippi, that the drug’s approval by the U.S. Food and Drug Administration should override any state ban. .
The Las Vegas-based company sued the state in 2020 to challenge regulations that specifically restricted medical abortion. Mississippi is now poised to ban nearly all abortions under a 2007 “trigger law” following the Supreme Court’s decision in Dobbs v. Jackson Women’s Health, which reversed its landmark 1973 decision in Roe v. Wade establishing a constitutional right to abortion.
GenBioPro said this law will create a “much more direct and blatant conflict” with the FDA. She cited U.S. Attorney General Merrick Garland’s statement last week that states “cannot ban Mifpristone based on a disagreement with the FDA’s expert judgment on its safety and suitability.” efficiency”.
Mississippi said in an opposition paper that “the legal landscape following the Dobbs ruling has shifted overwhelmingly in favor of state authority to regulate or prohibit abortion” and that it does not There was no evidence that Congress ever intended the FDA to limit states’ ability to regulate abortion.
The US Department of Justice did not intervene in the case and did not immediately respond to a request for comment.
According to the Guttmacher Institute, a research group advocating for abortion rights, abortion bans and restrictions are now in effect or about to do so in 22 states, including 13 such as Mississippi with laws say “triggers” designed to take effect when Roe v. Wade will be cancelled.