April 15th, 2024
Advancing American Freedom led an amicus brief with over 30 other amici in GenBioPro v. Raynes, in which abortion drug manufacturer GenBioPro has sued West Virginia, claiming that the state’s pro-life law is preempted by federal law which the company claims gives the Food and Drug Administration (FDA) the authority to regulate chemical abortion and thus prohibits states from doing so.
“Where the federal government fails to protect the fundamental rights of those within its jurisdiction, states have both the authority and responsibility to do so,” said AAF General Counsel Marc Wheat. “If Congress intends to preempt state law on an issue as controversial and significant as abortion, it must do so clearly so that the courts can assess the legitimacy of that delegation of power. AAF supports West Virginia’s effort to protect the right to life of the most vulnerable people in the state; the unborn.”
Read the amicus brief here.