Abortion Drug Maker Drops Lawsuit Trying to Overturn Mississippi Abortion Ban

State   |   Steven Ertelt   |   Aug 19, 2022   |   10:25AM   |   Jackson, Mississippi

A manufacturer of the dangerous abortion pill that has killed dozens of women and injured tens of thousands has dropped its lawsuit attempting to overturn Mississippi’s abortion ban. This legal victory ensures babies will continue to be protected from abortions.

Mississippi banned abortions immediately when its trigger law went into effect following the Supreme Court decision to overturn Roe v. Wade.

GenBioPro, a manufacturer of generic chemical abortion pills, dropped its legal challenge to Mississippi’s pro-life laws. The manufacturer had sued in federal court, arguing that Food and Drug Administration (FDA) policies implemented by the Biden administration to expand dangerous mail-order abortion drugs preempt state-level safeguards.

Here’s more from Reuters:

GenBioPro Inc said it was voluntarily dismissing its case in a filing in federal court in Jackson. The company had argued that federal regulators’ approval of mifepristone to induce abortion at up to 10 weeks of pregnancy overrode the state’s prohibition on nearly all abortions.

Nevada-based GenBioPro did not say why it was dropping its lawsuit in the filing, but noted it was doing so without prejudice, which means it can refile it. The company did not immediately reply to a request for comment.

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GenBioPro had first sued the state in 2019 to challenge restrictions on mifepristone, including an effective ban on prescribing it through telemedicine. After the state’s trigger law took effect, the company argued that the U.S. Food and Drug Administration’s approval of mifepristone effectively shielded the drug from the new ban.

The Biden administration said that states may not ban mifepristone, but had not intervened in the case or said whether it supported GenBioPro’s position.

A leading pro-life group told LifeNews it was delighted by the news.

“Life wins big in Mississippi yet again. Emboldened by the Biden administration, the abortion industry sued in order to flood states with mail-order abortion drugs that can land women in the emergency room with serious complications. Their voluntary withdrawal from this case suggests they were afraid of losing and drawing attention to their ethically and legally questionable practices,” said Marjorie Dannenfelser, president of SBA Pro-Life America. “We thank our friend Attorney General Lynn Fitch and her team for fighting back on behalf of Mississippians and their right to enact protections for life through the democratic process. This case sends a strong message to abortion activists and pill mills – as well as the Biden administration – that pro-life states will not be bullied and will vigorously defend their laws that safeguard women and unborn children.”

Mississippi’s abortion ban is in full effect without the threat of a legal challenge and the last abortion business in the state has also dropped its lawsuit against the pro-life law. Mississippi became officially abortion-free after the Jackson Women’s Health Organization announced its building has been sold and it closed down permanently.

Thanks to a state judge who denied a request from Mississippi’s last remaining abortion business to stay open, the new ban protecting babies is in effect and babies in the southern state can rest easier knowing the ban will be in place long-term.

Leading pro-life advocates celebrated the end of the lawsuit.

“If the clinic is not in a position to reopen in Mississippi, it no longer has a basis to pursue this case in the courts,” Rob McDuff, a Mississippi Center for Justice attorney who was among those representing the clinic in the lawsuit, said in a statement Tuesday.

Abortion biz owner Diane Derzis told The Associated Press Monday that the furniture and equipment from the abortion center has been put on a truck to New Mexico, where the abortion center will reopen to kill babies in the southwestern state where abortions are legal up to birth.

As LifeNews reported, the Supreme Court overturned Roe v. Wade, with a 6-3 majority ruling in the Dobbs case that “The Constitution does not confer a right to abortion” — allowing states to ban abortions and protect unborn babies. The high court also ruled 6-3 uphold the Mississippi 15-week abortion ban so states can further limit abortions and to get rid of the false viability standard.

Chief Justice John Roberts technically voted for the judgment but, in his concurring opinion, disagreed with the reasoning and said he wanted to keep abortions legal but with a new standard.

Texas and Oklahoma had banned abortions before Roe was overturned and Missouri became the first state after Roe to protect babies from abortions and South Dakota became the 2nd. Then Arkansas became the third state protecting babies from abortions and Kentucky became the 4th and Louisiana became the 5th and Ohio became the 6th and Utah became the 7th and Oklahoma became the 8th and Alabama became the 9th. This week, Mississippi became the 10th and South Carolina became the 11th,Texas became the 12th with its pre-Roe law and Tennessee became the 13th.

Michigan, Wisconsin and West Virginia have old pro-life laws on the books but there is question about whether they are applicable and will be enforced.

Ultimately, as many as 26 states could immediately or quickly ban abortions and protect babies from certain death for the first time in nearly 50 years.

The 13 total states with trigger laws that would effectively ban all or most abortions are: Arkansas, Idaho, Kentucky, Louisiana, Missouri, Mississippi, North Dakota, Oklahoma, South Dakota, Tennessee, Texas, Utah and Wyoming.

“Abortion presents a profound moral question. The Constitution does not prohibit the citizens of each State from regulating or prohibiting abortion. Roe and Casey arrogated that authority. We now overrule those decisions and return that authority to the people and their elected representatives,” Alito wrote.

“Roe was egregiously wrong from the start. Its reasoning was exceptionally weak, and the decision has had damaging consequences,” Alito wrote. “And far from bringing about a national settlement of the abortion issue, Roe and Casey have enflamed debate and deepened division.”

Justices Sonia Sotomayor, Elena Kagan and Stephen Breyer authored a joint dissent condemning the decision as enabling states to enact “draconian” restrictions on women.

Polls show Americans are pro-life on abortion and a new national poll shows 75% of Americans essentially agree with the Supreme Court overturning Roe.

Despite false reports that abortion bans would prevent doctors from treating pregnant women for miscarriages or ectopic pregnancies, pro-life doctors confirm that is not the case. Some 35 states have laws making it clear that miscarriage is not abortion and every state with an abortion ban allows treatment for both.