West Virginia
West Virginia can restrict abortion pill sales, judge rules, despite FDA approval that it’s safe
By LEAH WILLINGHAM (Associated Press)
CHARLESTON, W.Va. (AP) — 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.
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.
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.”
In a statement Friday, GenBioPro CEO Evan Masingill said the company remains “confident in the legal strength” of its case and is considering next steps.
“GenBioPro was founded on the belief that all people should have access to evidence-based, essential medication and will continue to use all legal and regulatory tools available to ensure access for all,” he said.
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.”
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.
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.
West Virginia
Community Care of West Virginia receives $500,000 from Biden-Harris Administration to expand hours of operation
The Health Resources and Services Administration (HRSA), an agency within the U.S. Department of Health and Human Services (HHS), recently announced a $60 million investment in 125 HRSA-funded community health centers that serve nearly 4.2 million people to expand their hours of operation to improve access to health care services.
Community Care of West Virginia received $500,000 in funding.
Health centers receiving this new funding will add an additional 20 hours of operation a week on average to support the critical clinical and administrative staff necessary to add early morning (before work), night and weekend hours.
Since health centers see patients regardless of their ability to pay, this expansion of operating hours will be particularly critical for people who are uninsured, underinsured, or have Medicaid coverage and struggle to find affordable care outside of traditional business hours and cannot afford expensive visits to urgent care, retail clinics or emergency departments. This funding will also help health center patients with common challenges in accessing health care such as taking a child to the doctor after work or getting a timely appointment when not feeling well on the weekend. It will help connect patients to preventive services and resources for health-related social needs to improve health outcomes. Many patients currently forgo care altogether in these circumstances, putting their health at greater risk and leading to more expensive visits to emergency departments when conditions get more serious.
“No one should have to delay or skip a trip to the doctor because of work or school. The millions of Americans who can’t miss their daytime work shift, whose kids are in school, who have limited child care, or who face transportation challenges deserve the same access to quality care,” said HHS Secretary Xavier Becerra. “These investments will help to extend operating hours, especially for patients in rural or underserved communities nationwide. I’m proud to be part of an Administration that leaves nobody behind.”
“Today’s action is another example of the Biden-Harris Administration taking action to address the challenges families face in getting health care services,” said HRSA Administrator Carole Johnson. “Having the option to get to the doctor before or after work or on the weekend not only helps families get the care they need, but it also helps relieve some of the stress and burden on families trying to arrange care. HRSA’s investment is expanding access to care in a way that recognizes the day-to-day realities of working families across the country.”
HRSA-supported health centers provide access to primary care services — regardless of an individual’s ability to pay — for over 31 million patients at more than 15,000 service sites in high need communities. More than 90 percent of health center patients have incomes below 200 percent of the Federal Poverty Level.
For a list of the awardees, visit: https://bphc.hrsa.gov/funding/funding-opportunities/expanded-hours/fy-25-awards
To find a health center, visit: https://findahealthcenter.hrsa.gov
West Virginia
How to Watch & Listen to No. 20 West Virginia vs. Colorado
The West Virginia Mountaineers (13-3, 3-2) host the Colorado Buffaloes (12-4, 3-2) for game two of the season series and the second ever meeting between the two schools.
West Virginia vs. Colorado Series History
Colorado leads 1-0
Last Meeting: Colorado 65, West Virginia 60 (Dec. 21, 2024, Boulder, CO)
Last Meeting: OSU 68, No. 24 WVU 61 (Feb. 27, 2024, Stillwater, OK)
When: Wednesday, January 15
Location: Morgantown, West Virginia, WVU Coliseum (14,000)
Tip-off: 7:00 p.m. EST
Stream: ESPN+
Announcers: Nick Farrell and Meg Bulger
Radio: Andrew Caridi (PBP) Mountaineer Sports Network from Learfield IMG College(Radio affiliates)
WVU Game Notes
– Frida Forman paces Colorado’s scoring production, averaging 13.9 points per game, while two more Buffs average double figures in Lior Garzon (11.5) and Jade Masogayo (12.6). Sara Smith leads with 6.3 rebounds per game and Kindyll Wetta leads the team with 6.1 assists and 1.9 steals.
– Colorado’s two losses in league play come on the road to then No. 11 TCU and RV Baylor and both came by double digits. CU adds two more league wins, defeating UCF and Kansas at home in their last two contests.
– Senior guard JJ Quinerly (18.3), junior guard Jordan Harrison (14.2) and junior guard Sydney Shaw (12.5) pace the Mountaineers scoring production this season. Harrison’s 5.1 assists per game leads WVU and ranks 8th in the Big 12. Senior guard Kyah Watson has grabbed 7.6 rebounds per game which ranks sixth in the Big 12 while her 3.1 steals per game ranks second and Quinerly’s 3.2 steals per game is first.
– The Big 12’s leaders in steals last season, Watson (50), Quinerly (38) and Harrison (31), are at it again this season averaging over two steals per contest. Junior guard Sydney Shaw and Senior guard Sydney Woodley have also gotten in on the action with 32 and 29 steals this season, giving WVU five players with 29+ steals through 16 games.
– The Mountaineers have forced 15+ turnovers in every game this season, including 20+ in 13 games to average 25.7 per game. The mark ranks fifth in the nation. The Mountaineers have forced 30-plus turnovers in five games, including a season-high 44. WVU ranks second in the nation with 14.8 steals per game and holds a +9.5 turnover margin.
– West Virginia is averaging 80.3 points per game while outscoring their opponents by an average of 28.4 points.
– Quinerly currently sits 11th in points at 1,638, and behind WVU Hall of Famer Liz Repella (2008-11) with 1,641. She also ranks 4th in steals with 279 and is just another Hall of Famer in Rosemary Kosiorek (1989-92) with 293.
West Virginia
Princeton Offensive Line Transfer Will Reed Discusses Visit to WVU, Decision Timeline
West Virginia still has some work to do in terms of replenishing the offensive line room, and over the weekend, they hosted former Princeton offensive tackle Will Reed for an official visit.
“Coach Bicknell and Coach Dressler were awesome,” Reed told West Virginia On SI. “Coach Bicknell’s experience in the NFL is really impressive, not to mention his college experience. The facilities were some of the best I have seen on any visit. Probably the best. It seems like they are bringing in a lot of talent and want to turn things around quickly. It has given me a lot to think about over the next week or two.”
Reed is also considering Georgia Tech, Nebraska, and Virginia but has also received interest from Arizona, Arizona State, Memphis, Pitt, Stanford, UNLV, and Wake Forest.
Coming out of Eastside Catholic High School as a highly-rated three-star prospect in Sammamish, Washington, Reed originally committed to Cal. He decided to flip his commitment to Princeton, choosing the Ivy League route over offers from Air Force, Army, Colorado, Duke, Hawai’i, Kansas, Michigan, Michigan State, San Diego State, Tennessee, UNLV, Utah, Virginia, Virginia Tech, Washington State, and a few others.
He will have one year of eligibility remaining. A decision is expected to be made within the next two weeks.
MORE STORIES FROM WEST VIRGINIA ON SI
WVU Battling Bitter Rival for Reigning AAC Defensive Player of the Year
Another Transfer QB for WVU? Evaluating Where Each QB Stands Entering the Offseason
ESPN Bracketology: West Virginia Not Heavily Penalized for Arizona Loss
The Recipe for West Virginia to Cook Up an Upset of No. 10 Houston
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