CHARLESTON — The Women’s Health Center of West Virginia has dropped its lawsuit that challenged the constitutionality of the state’s abortion law.
The notice of voluntary dismissal was filed today in U.S. District Court for the Southern District of West Virginia at Charleston.
West Virginia Attorney General Patrick Morrisey, who is pro-life, applauded the decision.
"This issue is very near and dear to my heart," Morrisey said. "As your first pro-life attorney general, I stand firm in the belief that it is our duty to protect innocent life—we need to save as many innocent babies’ lives as legally possible.
Morrisey said he is proud to stand for the most vulnerable of society and the sanctity of life.
In the voluntary dismissal, the clinic notes that becuse of the West Virginia Legislature's enacting of House BIll 302 in September 2022, it has been impossible for the clinic and its primary physcian, known in the case as Dr. John Doe, to continue providing any abortion care in West Virginia.
"Plaintiffs therefore brought this action and filed a motion for preliminary injunction so that they could resume providing care," the notice states. "However, due to intervening professional obligations, Dr. Doe has now determined that he will not be able to resume providing abortion care in West Virginia at this time."
The plaintiffs claim that while the developments have not rendered the case moot, they have determiend its in their best interests and the interests of the judicial economy to voluntarily dismiss the case without prejudice.
The lawsuit was initially was filed by the Women’s Health Center of West Virginia against the president and secretary of the West Virginia Board of Medicine, however, Morrisey intervened on behalf of the state to defend the new abortion statute.
Morrisey said he stands ready to defend the statute.
"My office stands ready to defend this clearly constitutional law to the fullest should this lawsuit be refiled, or against any other legal challenge," Morrisey said.
U.S. District Court for the Southern District of West Virginia case number: 2:23-cv-00079
