A federal judge has ruled that West Virginia can restrict the sale of the abortion pill. That's despite federal regulators’ approval of it as a safe and effective medication.

West Virginia can restrict the sale of the abortion pill, despite federal regulators’ approval of it as a safe and effective medication, a federal judge has ruled.

U.S. District Court Judge Robert C. Chambers determined Thursday that the near-total abortion ban signed by Republican Gov. Jim Justice in September 2022 takes precedence over approvals from the U.S. Food and Drug Administration.

  • BuelldozerA
    1•10 months ago

    The Commerce Clause does not have an “undue burden” standard at all. It does prevent inappropriate burden of interstate commerce, but inappropriate means unfairly burdening other states. It is an anti-protectionist measure.

    Even THAT seems to be on shaky ground after National Pork Producers Council v. Ross. California’s 2018 Prop 12 arguably DOES create a protectionist statute and SCOTUS tied themselves into knots trying to reach a resolution.

    In his solo opinion Justice Kavanaugh expressed concern over the rise of precisely this kind of thing. You can find it at the end of the 2nd link.