CHARLESTON, W.Va. (WBOY) — West Virginia Attorney General Patrick Morrisey is attempting to get a lawsuit filed by an abortion pill manufacturer against the Mountain State over its abortion law dismissed.
The lawsuit filed by GenBioPro, which manufactures Mifepristone, argues that West Virginia’s restrictions on abortion aren’t legal because it bars people from using the company’s U.S. Food and Drug Administration-approved drug in some instances.
Morrisey argues the specific drug is not banned in West Virginia’s Unborn Child Protection Act, which prohibits abortions performed for reasons other than rape, incest or protecting the mother’s life.
“The lawsuit this company filed does not have a legal leg to stand on—they’re trying to do an end-run around valid state laws,” Morrisey said in the release. “We put forth very strong arguments in our motion to dismiss and believe the court should see this case the way we do.”
Morrisey’s motion to dismiss also notes that GenBioPro does not meet the requirement to show injury, as its complaint never alleges that its product was ever sold in West Virginia.
