Supreme Court upholding California pork producer law could affect abortion pill suit

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Supreme Court upholding California pork producer law could affect abortion pill suit
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A pig's fate in California may shape the destiny of abortion access nationwide as a federal judge determines how a Supreme Court ruling on pork affects West Virginia's anti-abortion legislation.

The consequences from the six-justice majority opinion held in National Pork Producers Council v. Ross, which maintained California's law banning sales of pork meat that comes from pigs that are"confined in a cruel manner," are already playing out in a legal dispute over West Virginia's ban on a common abortion-inducing drug.Nevada-based GenBioPro, makers of the generic drug, sued West Virginia, saying the state's Unborn Child Protection Act infringes upon the U.S.

James Bopp Jr., counsel for National Right to Life, largely agrees with the state officials, telling the Washington Examiner that the Supreme Court ruling"provides additional legal support" for West Virginia's law. The drugmaker furthered that mifepristone is within a"small subset" of products subject to the FDA's Risk Evaluation and Mitigation Strategy that governs its distribution. The system “dictates in detail how such drugs move through interstate commerce, from packaging through distribution,” according to GenBioPro's May 19 filing.

The potential ties to abortion disputes were also raised by conservative Justice Brett Kavanaugh, a dissenting voice over the decision, suggesting the majority's test could expand the state's authority to pass laws that impact abortion as well as a wide range of practices. Regarding a surgical procedure, Ziegler said that California's open abortion laws would likely apply. However, a California doctor endorsing the mailing of abortion pills to another state may face legal consequences since that state could argue for enforcement of its laws that have impacts elsewhere.

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