July 17, 2025
In a 2-1 decision, a federal appeals court sided with West Virginia and LIFE in a massive win for the preborn and mothers in the state, setting up a legal foundation to support other states’ limits on Chemical Abortion Pills. “The decision marks the first time a federal appeals court has allowed a state to strictly limit” deadly life-ending Chemical Abortion Pills, reports the Washington Post.
They continued: “Following the Dobbs decision, West Virginia passed a law banning surgical and medication abortions with limited exceptions, including to save the life of the mother or in cases of rape and incest. Abortion providers face felony charges under the state’s law.”
Students for Life Action (SFLAction) was on the forefront of that fight in 2022 when West Virginia’s Governor Justice signed a bill called the Unborn Child Protection Act, which is a Life at Conception model championed by SFLAction. West Virginia’s law, which restricts all forms of abortion including Chemical Abortion Pills, pushed on Mountaineer mothers, was a groundbreaking effort.
In fact, the legislation likely would not have reached the Governor’s desk if it had not been for the hard work of SFLAction’s grassroots efforts, including 97,720 calls and 106,890 texts sent to keep the pressure on for the preborn. The bill was added at the last minute in the special session, and SFLAction were one of the only pro-life groups to engage and fight on this matter.
Yet – until now – this legislation was held up by an abortion-industry challenge, typical for that business.
GenBioPro, a producer of the baby-killing, mother-harming drug, sued West Virginia, citing the approval of the drug by the FDA as a reason for the law not to apply to their pill pushing. But West Virginia takes life and defending its Mountain Mamas seriously and fought back.
Again from the Washington Post: “The U.S. Court of Appeals for the 4th Circuit ruled that the federal law GenBioPro used to defend its position ‘falls well short of expressing a clear intention to displace the states’ historic and sovereign right to protect the health and safety of their citizens.’”
Put another way, states’ right to protect citizens is more powerful than a Chemical Abortion Pill pushers’ desire to sell something declared illegal in the state.
Alliance Defending Freedom’s (ADF) legal team engaged in the case.
In ADF’s reaction: “The 4th Circuit Court of Appeals rightly refused GenBioPro’s invitation to federalize the issue of abortion,” said ADF Senior Counsel Erin Hawley, vice president of the ADF Center for Life and Regulatory Practice. “We’re pleased the 4th Circuit agreed that the 2007 amendments to the Federal Food Drug and Cosmetic Act do not forbid the states from setting minimum safety standards for high-risk drugs or enacting legislation that protects life.”
Bottom line, an attempt to make nonelected bureaucrats’ opinions on Chemical Abortion Pills a federal mandate failed to block state protections.
The work still continues to end abortion, but this good news out of the Mountain State will give hope to preborn lives and mothers throughout the country. The Pro-Life Generation is determined in this fight, and West Virginia only marks the true beginning of their efforts.