Virginia
West Virginia can restrict sale of abortion pills despite approval by federal regulators, according to judge
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.
“The Supreme Court has made it clear that regulating abortion is a matter of health and safety upon which States may appropriately exercise their police power,” Chambers wrote in a decision dismissing most challenges brought against the state by abortion pill manufacturer GenBioPro, Inc. in a January lawsuit filed in the state southern district’s Huntington division.
NEW ABORTION CLINIC OPENING IN MARYLAND, JUST ACROSS FROM DEEPLY-CONSERVATIVE WEST VIRGINIA
Since the U.S. Supreme Court last year overturned Roe v. Wade, the 1973 ruling that provided nationwide access to abortion, most GOP-controlled states have enacted or adopted abortion bans of some kind, restricting abortion pills by default. All have been challenged in court.
Legal experts foresee years of court battles over access to the pills, as abortion-rights proponents bring test cases to challenge state restrictions.
In West Virginia’s case, regulation of medical professionals “is arguably a field in which the states have an even stronger interest and history of exercising authority,” than the federal government, Chambers decided.
GenBioPro, Inc., the country’s only manufacturer of a generic version of the abortion pill mifepristone, had argued that the state cannot block access to a U.S. Food and Drug Administration-approved drug.
A patient prepares to take a mifepristone pill for a medication abortion during a visit to a clinic in Kansas City, Kansas, on Oct. 12, 2022. (AP Photo/Charlie Riedel, File)
Chambers dismissed the majority of the manufacturer’s challenges, finding there is “no disputing that health, medicine, and medical licensure are traditional areas of state authority.”
The decision was lauded by West Virginia Republican Attorney General Patrick Morrisey.
“While it may not sit well with manufacturers of abortion drugs, the U.S. Supreme Court has made it clear that regulating abortion is a state issue,” he said in a statement. “I will always stand strong for the life of the unborn.”
HEALTH PROVIDER DROPS WEST VIRGINIA LAWSUIT SEEKING TO OVERTURN STATE ABORTION BAN
Chambers will allow a challenge by the manufacturer concerning telehealth to proceed, however. Congress has given the FDA the right to dictate the manner in which medications can be prescribed, and the agency has determined that mifepristone can be prescribed via telemedicine.
Morrisey said his office looks forward to arguing the telehealth issue: “We are confident in the merits of our case.”
Mail-order access to the drug used in the most common form of abortion in the U.S. would end under a federal appeals court ruling issued Aug. 16 that cannot take effect until the Supreme Court weighs in.
The decision by three judges on the 5th U.S. Circuit Court of Appeals in New Orleans overturned part of a lower court ruling that would have revoked the Food and Drug Administration’s 23-year-old approval of mifepristone. But it left intact part of the ruling that would end the availability of the drug by mail, allow it to be used through only the seventh week of pregnancy rather than the 10th, and require that it be administered in the presence of a physician.
Those restrictions won’t take effect right away because the Supreme Court previously intervened to keep the drug available during the legal fight.
The panel’s ruling would reverse changes the FDA made in 2016 and 2021 that eased some conditions for administering the drug.
President Joe Biden’s administration said it would appeal, with Vice President Kamala Harris decrying the potential effect on abortion rights, as well as on the availability of other medications.
“It endangers our entire system of drug approval and regulation by undermining the independent, expert judgment of the FDA,” Harris’ statement said.
Abortion rights advocates said the ruling poses a major threat to abortion availability following last year’s Supreme Court ruling that overturned Roe v. Wade and the nationwide right to abortion.
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There is virtually no precedent for a U.S. court overturning the approval of a drug that the FDA has deemed safe and effective. While new drug safety issues often emerge after FDA approval, the agency is required to monitor medicines on the market, evaluate emerging issues and take action to protect U.S. patients. Congress delegated that responsibility to the FDA — not the courts— more than a century ago.
Mifepristone is one of two pills used in medication abortions. The other drug, misoprostol, is also used to treat other medical conditions. Health care providers have said they could switch to misoprostol if mifepristone is no longer available or is too hard to obtain. Misoprostol is somewhat less effective in ending pregnancies.
At 3-0 with marquee victories over #6 Missouri (23-10) and #21 Rutgers (26-11), as well as a second-place finish in the Keystone Open with just a handful of starters competing, Virginia Tech has swept through a tough November and is prepared for a difficult December.
The Hokies, #12 in Flo’s team tournament ratings but top 10 in various dual-meet rankings, are next scheduled for an annual trip to Las Vegas for the Cliff Keen Invitational, featuring 27 teams, of which 14 are among Flo’s top 25. And then it’s another trip west to Stillwater on Dec. 19 to challenge #5 Oklahoma State in a rare Thursday match.
The early key thus far for the Hokies has been the ability to win the bouts they’re supposed to win and grabbing a fair share of so-called toss-up bouts.
To wit, Tech’s #18 Sam Latona downing Missouri’s #13 Josh Edmond (4-2) at 141, or #25 Rafael Hipolito majoring the Tigers’ #32 James Conway (11-3) at 157 and #15 Jimmy Mullen stopping #20 Seth Nitzel (4-2) at heavyweight.
That trend continued at Tech’s Moss Arts Center match against #21 Rutgers when Latona used a late takedown to defeat Joey Olivieri 7-5, #4 Lennox Wolak pinned veteran Jackson Turley at 174 and #9 Andy Smith slipped past #17 John Poznanski 4-3 at 197.
Hokies coach Tony Robie only took a few regulars to the Keystone Open in Philadelphia and, led by championship efforts by #1-ranked Caleb Henson at 149 and heavyweight Hunter Catka, Tech placed second behind Lock Haven. Latona placed third at 141 and Sam Fisher did the same at 184.
Robie opted to use the Hokies’ roster as freshmen Dillon Campbell (125), Matt Henrich (157), Luke Robie (157) and Jack Bastarrika (133) competed as did redshirt juniors Jackson Spires (165) and Ty Finn (174). Spires placed second.
Who’s Ready For Change?
With legislation on the NCAA’s table affecting scholarship and roster limits — unlimited scholarships and a roster cap — as well as revenue sharing, some college wrestling programs likely have a serious dose of trepidation while others are confident they can deal with whatever happens.
Virginia Tech sits in the latter category.
“I have no concerns whatsoever about that,” Robie said earlier this month. “I think a lot of it probably will happen. It’s hard to say whether it’s good or bad for the sport; that’s not really for me to say. What I will say is you have to adjust with what the rules are and what the landscape of college athletics looks like, and that’s what we intend on doing.
“Is it good for the overall health of the sport of wrestling? The kid that’s the 35th kid on your roster? Probably not. But I think definitely there were probably some things that needed to change; the pendulum was starting to swing significantly the other way. At some point, it’ll probably start to go back to the middle.”
Robie said all anyone can do is wait for the final decisions.
“We have some contingency plans based on what we think is going to happen and we’ll move forward with our plan and try to execute it,” he said.
A Pretty Good Gig
Robie, in his eighth year as head coach, has been at Tech since 2006 and as each season passes, the commitment and enthusiasm remain the same.
“Well, you get to do what you like to do. And it’s a pretty cool thing to be able to coach wrestling for a living and be a part of a pretty good program, and work with some great people and try to affect the lives of the kids in your program,” he said.
“I think anybody would want to do that. For me, I’m not young anymore. I turned 50 … who knows how long I’m going to do it, but I’m going to give it the best I can while I’m doing it and hopefully continue to improve as a program and try to try to help these guys as much as possible. But it’s good, Virginia Tech’s a great place to work, it’s a great place to live. I’ve got a great staff and it makes my life pretty easy.”
With the game of year looming this weekend, members of the Virginia football team were made available to to the media after practice on Tuesday morning to talk about the regular season finale against Virginia Tech in the Commonwealth Clash on Saturday night in Blacksburg. Watch the video below to hear what UVA senior safety Jonas Sanker, graduate tight ends Tyler Neville and Sackett Wood Jr., and graduate defensive tackle Jahmeer Carter had to say ahead of the Virginia Tech game:
Sanker is the team’s leader in tackles with 89 total tackles and also leads the ACC in solo stops with 60 unassisted tackles. He has racked up 8.5 tackles for loss, two sacks, four pass breakups, two fumble recoveries, and an interception as part of a strong senior campaign that should earn Sanker some serious consideration for a First-Team All-ACC selection.
A transfer from Harvard, Tyler Neville is Virginia’s second-leading receiver with 35 catches for 387 yards and two touchdowns. Sackett Wood Jr., meanwhile, has recorded three receptions for 18 yards and a touchdown this season. Between the two of them, Neville and Wood have combined to appear in 83 college football games and make 48 starts.
Saturday will be the 55th game in the five-year career of Jahmeer Carter, who has started nearly every game for the last four seasons at Virginia. This season, Carter has 30 total tackles, including nine solo stops, two tackles for loss, one sack, and a pass defender. For his career, Carter is up to 131 total tackles, 2.5 sacks, and 7.5 tackles for loss.
Saturday night will be the first time Virginia plays at Lane Stadium in front of fans since the 2018 season, as the 2020 edition of the Commonwealth Clash was played in front of only 250 fans due to COVID-19 restrictions and then the 2022 Virginia vs. Virginia Tech game was canceled due to the shooting tragedy at UVA.
Virginia is seeking its first road victory at Virginia Tech since 1998, as the Hokies have won the last 11 Commonwealth Clash games played at Lane Stadium. Virginia Tech has won 17 of the last 18 overall games against Virginia and leads UVA 61-38-5 in the all-time series that dates back to 1895.
Both Virginia and Virginia Tech bring a 5-6 overall record into the regular season finale and both need to win the game in order to reach the six-win threshold required for bowl eligibility. There is only one other game this weekend between FBS teams who are battling for bowl eligibility (Eastern Michigan vs. Western Michigan). Virginia and Virginia Tech played each other for bowl eligibility at the end of the 2014 season.
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The Virginia Lottery offers multiple draw games for those aiming to win big. Here’s a look at Nov. 26, 2024, results for each game:
Mega Millions
Mega Millions drawings take place every week on Tuesday and Friday at 11 p.m.
05-22-24-39-42, Mega Ball: 03, Megaplier: 3
Check Mega Millions payouts and previous drawings here.
Pick 3
DAY drawing at 1:59 p.m. NIGHT drawing at 11 p.m. each day.
Night: 7-3-0, FB: 2
Day: 7-2-1, FB: 5
Check Pick 3 payouts and previous drawings here.
Pick 4
DAY drawing at 1:59 p.m. NIGHT drawing at 11 p.m. each day.
Night: 1-6-6-8, FB: 5
Day: 7-4-5-8, FB: 4
Check Pick 4 payouts and previous drawings here.
Pick 5
DAY drawing at 1:59 p.m. NIGHT drawing at 11 p.m. each day.
Night: 0-5-4-9-9, FB: 2
Day: 6-9-5-3-2, FB: 0
Check Pick 5 payouts and previous drawings here.
Cash4Life
Drawing everyday at 9 p.m.
04-11-13-30-39, Cash Ball: 02
Check Cash4Life payouts and previous drawings here.
Cash Pop
Drawing times: Coffee Break 9 a.m.; Lunch Break 12 p.m.; Rush Hour 5 p.m.; Prime Time 9 p.m.; After Hours 11:59 p.m.
Coffee Break: 04
After Hours: 05
Prime Time: 06
Rush Hour: 09
Lunch Break: 12
Check Cash Pop payouts and previous drawings here.
Cash 5
Drawing every day at 11 p.m.
12-22-31-38-44
Check Cash 5 payouts and previous drawings here.
Feeling lucky? Explore the latest lottery news & results
This results page was generated automatically using information from TinBu and a template written and reviewed by a Center for Community Journalism (CCJ) editor. You can send feedback using this form.
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