The case is one in a series of ongoing legal battles in federal courts around the U.S. over the FDA's two-decade-old approval of mifepristone.
Patrick Morrisey, attorney general of West Virginia, arrives before an event with U.S. President Donald Trump, not pictured, at the White House in Washington, D.C., on Thursday, Feb. 6, 2020.West Virginia's attorney general is urging a judge to dismiss a lawsuit seeking to overturn the state's restrictions on the abortion pill.
"A State's police power does not extend to functionally banning an article of interstate commerce — the Constitution leaves that to Congress," GenBioPro's lawyers wrote. "Congress did not silently cede this vast area of historically state regulation to the FDA," Morrisey argued in the court filing.
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