Center for Reproductive Rights Calls on West Virginia Governor to Veto Cruel and Unconstitutional Abortion Ban
Governor vetoed nearly identical legislation last year, citing constitutional concerns, dangerous impact on pregnant women
(PRESS RELEASE) For the second time in less than a year, the West Virginia Legislature has passed an unconstitutional ban on abortion at 20 weeks. HB 2568 contains an extremely narrow exception for medical emergencies—including non-viable pregnancies— and no exceptions for survivors of rape or incest.
West Virginia Governor Earl Ray Tomblin vetoed last year’s attempt to unconstitutionally ban abortion in the state, noting the bill would be a “detriment of the health and safety” of women and a violation of the U.S. Constitution.
Said Nancy Northup, president and CEO of the Center for Reproductive Rights:
“West Virginia politicians are yet again interfering in personal, private decisions that should be left to women, their families, and their doctors.
“Pregnant women facing challenging circumstances need policies and laws that advance healthy pregnancies and address their real medical needs, not interference from politicians who presume to know better.
“Last year, Governor Tomblin stood up for women’s health and safety and rightfully vetoed this intrusive measure. Once again, we call upon Governor Tomblin to prioritize the lives and health of women in West Virginia over political pretense and veto this bill.”
The U.S. Supreme Court has consistently held—first in Roe v. Wade and again in Planned Parenthood v. Casey—that states cannot ban abortion prior to viability. Last year, the Supreme Court refused to review a decision permanently blocking Arizona’s ban on abortion at 20 weeks of pregnancy, and courts in Idaho and Georgia have also blocked similar pre-viability bans.
Bans on abortion at 20 weeks are as dangerous as they are unconstitutional, coming at a point at which a woman is just receiving the results of critical tests to determine the health of her pregnancy—and potentially the presence of severe and possibly life-threatening complications.
Harmful and unconstitutional restrictions like these further underscore the need for the federal Women’s Health Protection Act (S. 217/HR. 448)—a bill that would prohibit states like West Virginia from imposing unconstitutional restrictions on reproductive health care providers that apply to no similar medical care, interfere with women’s personal decision making, and block access to safe and legal abortion services.
