"When you are regulating private decisions between two individuals in a non-commercial context that have to do with something so intimate and personal as whether they want to have a child together, then the FDA regulations should not apply," Amber Abbasi , attorney in the case, told FoxNews.com. 

Abbasi's group Cause of Action filed the suit on the California woman's behalf. 

The plaintiff did not release her identity, but according to Abbasi her situation is as follows: 

She's in a relationship with another woman and would like to conceive a child. She does not want to go to a regulated sperm bank because she wants to know the biological father and wants the child to know the father as well -- and she's concerned about the cost of going through a sperm bank. 

The argument may have gotten a boost with the high court ruling last week, which upheld the health care overhaul but at the same time affirmed limits on the Constitution's so-called Commerce Clause.