CHARLESTON – West Virginia conservative leaders hailed the U.S. Supreme Court decision returning abortion laws to states.
“I applaud the Supreme Court’s courageous decision today,” Gov. Jim Justice said during his June 24 COVID-19 press briefing. “I’ve said many times that I very proudly stand for life and I am rock-solid against abortion, and I believe that every human life is a miracle worth protecting.”
Earlier in the day, the U.S. Supreme Court ruled in Dobbs v. Jackson Women’s Health Organization and overturned its 1973’s Roe v. Wade and 1992’s Planned Parenthood v. Casey, saying there is no federal constitutional right to an abortion. The law at the center of the Dobbs case was a Mississippi statute banning abortions after 15 weeks of pregnancy.
Pushkin
States now will determine abortion rights unless Congress moves to codify it, which is something President Biden already has suggested.
About half of the states have or will have laws that ban abortion, and others have enacted strict measures regulating the procedure. West Virginia has an abortion ban that was instituted when it still was part of Virginia. It makes it a felony for a person to be involved in an abortion, with a sentence of 3-10 years in prison.
“This historic decision is long past due, although it took nearly 50 years to overturn several flawed Supreme Court decisions that have led to the tragic deaths of more than 60 million unborn children,” West Virginia Attorney General Patrick Morrisey said in a press release. “I am proud to stand with those who agree that the law must afford the unborn the same rights as everyone, most especially the inviolable right to life.
“Our Constitution should never have been interpreted in a way that lets it override the states’ compelling interest to protect innocent life.”
Last summer, Morrisey was part of a 24-state coalition of AGs urging the Supreme Court to support the rights of states to regulate abortions.
Justice said he will call a special session if any clarification to West Virginia laws need to be made, and Morrisey said he’ll soon provide a legal opinion to the Legislature about how it should proceed “to save as many babies’ lives as humanly and legally possible.”
West Virginia Senate President Craig Blair and House Speaker Roger Hanshaw issued a joint statement on the ruling.
“We applaud the U.S. Supreme Court’s decision today to affirm that every human life is precious,” the legislative leaders said. “We stand strong with the majority of West Virginians who have shown us and told us they believe unborn children are entitled to the same rights as everyone, and we are ready to expeditiously take any necessary steps to ensure we continue to save and protect as many innocent lives as possible in West Virginia.
“Our legislative attorneys have been preparing for this decision for weeks. Abortion is addressed in numerous statutes in West Virginia Code, and now our attorneys will need to further review those statutes to determine how they apply in light of this decision. We will work with the executive branch to address any needs relating to our state’s abortion laws that may arise from today’s opinion.”
Mountain State Democrats were critical of the ruling.
“Make no mistake about it, this decision will make all abortions illegal in West Virginia with no exceptions to protect the life and health of the mother and no exceptions for the victims of rape and incest,” new party chairman Mike Pushkin said. “If the Governor and the legislature fail to act to preserve these common-sense exemptions, women will pay with their lives.”
Party Vice Chairwoman Danielle Walker agreed, saying, “This decision is just radical and wrong.”
“This draconian decision puts women’s healthcare on the ballot in November,” Delegate Kayla Young (D-Kanawha) said. “We need to elect legislators who understand that reproductive decisions are best made by a woman and her physician, rather than the government.”
Other groups also criticized the Supreme Court ruling.
“This decision is a disaster for people in need of abortion care, and its impacts will fall disproportionately on Black West Virginians and people in poverty,” said Loree Stark, legal director of the American Civil Liberties Union of West Virginia. “Because West Virginia legislators have failed to explicitly repeal an archaic 19th Century law criminalizing abortion, providers can no longer feel safe offering the procedure in the state.
“We are still reviewing the decision in its entirety, analyzing how it relates to federal and state law, and aggressively exploring every possible avenue forward. West Virginians should be able to get the lifesaving healthcare they need, and no one should be forced to carry a pregnancy to term against their will.”
WV FREE CEO Margaret Chapman Pomponio agreed.
“This is the first time in history that Americans have had a constitutional right taken away,” she said. “It is unthinkable, outrageous, and dangerous. West Virginia policymakers need to realize that abortion bans are out of step with what West Virginians want and need.
“If they do not repeal this draconian code, they are essentially telling us they want to return us to the 19th century.”
Chapman Pomponio called the ruling “an unspeakable blow to reproductive rights and justice.”
“But resistance is built on hope, and we will continue to fight,” she said. “We need each other now more than ever, and I encourage West Virginians to not just make their voices heard but check in on each other with compassion during this difficult time.
“We can despair, and we can yell, but we cannot stop. Everything depends on our actions in this moment, and every day leading up to the midterm elections. All our rights are on the line. Enough is enough. We must demand accountability and action of our leaders.”
