Federal Appeals Court Upholds West Virginia Ban on Abortion Pill: A Victory for Life and the Rule of Law

Jul 18, 2025 | National News | 0 comments

In a decisive blow to the abortion industry, the 4th U.S. Circuit Court of Appeals has upheld West Virginia’s ban on the abortion pill, mifepristone, affirming the state’s right to protect the unborn and regulate medical practices within its borders.

The ruling, issued Tuesday by a three-judge panel, is the second major pro-life legal victory in less than a month and underscores the growing momentum among states to defend life after the landmark Dobbs v. Jackson Women’s Health Organization decision in 2022.

The Court’s Ruling: States May Protect Life

In a 2-1 decision, Judge J. Harvie Wilkinson, appointed by President Ronald Reagan, authored the majority opinion. He rejected arguments from GenBioPro—the manufacturer of mifepristone—that federal approval by the Food and Drug Administration (FDA) overrides a state’s ability to ban the drug.

“For us to once again federalize the issue of abortion, without a clear directive from Congress, right on the heels of Dobbs, would leave us one small step short of defiance,” Wilkinson wrote, emphasizing the Supreme Court’s clear direction in returning abortion policymaking to the states.

Judge DeAndrea Benjamin, appointed by President Biden, offered a partial dissent. She argued that West Virginia’s law “encroaches on the federal government’s regulatory authority by criminalizing medical professionals for prescribing a medication that they are otherwise federally certified to prescribe.”

Yet the majority held firm: the Constitution provides no right to abortion, and states may act within their police powers to regulate or prohibit dangerous drugs that terminate pregnancies and pose significant health risks to women.

Responses: Two Americas on Life

As expected, reactions from both sides of the abortion debate have been swift and passionate.

Evan Masingill, CEO of GenBioPro, decried the decision as a threat to “safe and effective” healthcare, warning of a “dangerous ripple effect” on access to other FDA-approved medications.

Progressive legal groups echoed this alarm. Skye Perryman, president of Democracy Forward, framed the ruling as “a dubious effort by extremists to substitute political ideology for medicine and science,” claiming it undermines healthcare rights for women nationwide.

But pro-life advocates hailed the decision as a landmark moment for states’ rights and for the defense of preborn children.

Mat Staver, founder of Liberty Counsel, celebrated the ruling as “a tremendous win to help protect the lives of unborn children and women.” He added: “As there is no right to abortion, there is no right to dangerous abortion drugs. States have the authority to ban abortion drugs that destroy innocent children and harm women.”

Carol Tobias, president of National Right to Life, called it “a powerful affirmation of a state’s right to protect the unborn.”

Katie Brown Xavios of the American Life League connected the dots between this ruling and the Supreme Court’s recent affirmation of states’ authority to defund Planned Parenthood. “This summer’s two major life-affirming wins for women and their preborn children are with the states,” she said. “If we cannot rely on our federal lawmakers to protect the preborn and their mothers, then we will encourage the states to do it!”

A Reformed Perspective: The Call to Protect Life

For Christians, this ruling goes beyond politics—it touches the heart of biblical truth. From Genesis onward, Scripture affirms the sanctity of human life:

“So God created man in his own image, in the image of God created he him; male and female created he them.” (Genesis 1:27)

The Sixth Commandment forbids the taking of innocent life (Exodus 20:13). In Psalm 139, David praises God as the One who “knit me together in my mother’s womb.” These passages leave no doubt: the preborn are precious image-bearers, and Christians are called to advocate for their protection.

The London Baptist Confession of 1689 also speaks clearly: “The light of nature shows that there is a God, who has lordship and sovereignty over all, is just, good, and does good unto all.” Part of reflecting God’s justice is defending those who cannot defend themselves.

This ruling reminds us that the battle for life is not yet over, but it also underscores God’s providence in raising up leaders and judges who fear Him—even imperfectly—to restrain evil and promote good (Romans 13:3-4).

The Bigger Picture: A Shift in the Cultural Tide?

Some analysts see this decision as part of a growing trend where states are reclaiming their role in safeguarding life after Dobbs. Others warn of an inevitable clash between state and federal authorities as the abortion industry seeks to bypass state bans through mail-order pills and online providers.

While these legal skirmishes unfold, Christians must remain vigilant—not merely as observers of political movements but as participants in a spiritual battle (Ephesians 6:12).

A Call to Action for Believers

As we reflect on West Virginia’s victory, the church must ask: how will we respond?

  • Pray for Continued Protection: Pray for state leaders, judges, and advocates fighting to make the womb a safe place again.
  • Support Crisis Pregnancy Ministries: These frontline ministries offer compassionate alternatives to abortion and need our financial and prayer support.
  • Speak Truth in Love: In our neighborhoods, workplaces, and online, let us winsomely proclaim the truth that every life is sacred.

The Work Ahead

This ruling represents a crucial step toward a culture of life, but the road ahead is long. Abortion remains legal in many states, and the chemical abortion industry is rapidly adapting to circumvent laws.

Let us not grow weary in doing good (Galatians 6:9). The tide may be turning, but it is Christ alone who can change hearts and transform a culture that has for decades embraced death over life.

“Rescue those who are being taken away to death; hold back those who are stumbling to the slaughter.” (Proverbs 24:11)

The victory in West Virginia is worth celebrating. Yet as the people of God, we know our ultimate hope is not in courts or legislation but in the Lord who alone gives life and conquers death.

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