Arkansas attorney general leads 23-state coalition supporting West Virginia abortion prohibition

LITTLE ROCK, Ark. – A legal challenge to a law preventing abortion is being opposed by a 23-state coalition led by Arkansas Attorney General Tim Griffin.

Griffin was the lead signator with attorneys general from 22 states in filing an amicus brief supporting the West Virginia abortion prohibition. The prohibition includes exclusions for victims of rape, incest, fatal fetal anomalies or where the mother’s life is at risk.

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The law was being challenged by drug maker GenBioPro, which argues that the approval of its product Mifepristone by the Food and Drug Administration means access to it can not be restricted by West Virginia law. The challenge was dismissed in federal court and is now being appealed by GenBioPro.

Griffin said his support came from the recent Dobbs decision and the nature of the FDA approval.

“Two years ago, the Supreme Court overruled Roe v. Wade and returned the authority to regulate or prohibit abortion to the States,” Griffin said. “The Food and Drug Administration’s flawed approval of an abortion drug doesn’t change that, and that’s why I led 22 states in filing an amicus brief arguing that FDA approval of an abortion drug doesn’t override West Virginia’s state law prohibiting abortions.”

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Griffin had earlier led a multistate brief supporting West Virginia’s law for GenBioPro’s initial filing before the lower court dismissed it.

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