Normally the best time to release controversial news is late Friday afternoon when folks are more focused on the weekend than the headlines. So Gov. Tomblin’s people had the right idea by waiting until the close of the business week to announce his veto of HB 4588, the “Pain Capable Unborn Child Protection Act.”
But the timing was particularly irksome to the leaders of West Virginia’s pro-life movement. West Virginians for Life were having their annual Rose Dinner in Morgantown when word began to circulate about the Governor’s veto of the bill that would have prohibited abortions after 20 weeks except for a medical emergency.
Talk about spoiling your dinner.
In his veto message, Tomblin said he was advised by lawyers from his administration and the Legislature that the bill is unconstitutional. Additionally the Governor said he believed the bill “unduly restricts the physician-patient relationship.”
Tomblin says he’s pro-life and his voting record during many years in the Legislature reflects that, but this veto changes things. It will be difficult, if not impossible, for him to keep the pro-life mantel. It’s worth noting that in the 2012 Governor’s race, West Virginian’s for Life endorsed Republican Bill Maloney over Tomblin.
The anti-abortion bill received overwhelming support in the Legislature. It passed the House 83 to 15 with two not voting. The Senate approved the bill 29 to 5.
Since the Legislature has adjourned, lawmakers cannot return and try to override the veto.
However, there is still an opportunity to revisit the bill. The state Constitution allows for lawmakers to petition the Governor to call a special session with the support of three-fifths of the members of each chamber—60 signatures in the House and 21 in the Senate.
That rarely happens. In fact House Clerk Greg Gray, who has worked at the Capitol since 1973, can remember only one time that occurred: 1981when the House and Senate successfully petitioned Governor Rockefeller for a special session to consider additional financial benefits for the blind and disabled.
The broad bipartisan support in both chambers for HB 4588 suggests the votes could be there for a special session where lawmakers would have to start over on the bill. But we’re in campaign season now with the Primary Election just six weeks away.
Additionally, how many pro-life Democrats feel so strongly about the issue that they want to pass the bill again, stay in session until the Governor vetoes it a second time, and then try to override the veto?
But the pro-life movement carries weight in this state. West Virginians for Life has called a news conference for later today to talk about their strategy. Also, they are going to hold a prayer vigil in front of the Governor’s Mansion this evening.
West Virginia has always been a paradox on abortion; this is a conservative, pro-life state with liberal abortion laws. It’s one of only nine states (and Washington D.C.) with no specific law prohibiting abortion after a certain point in the pregnancy. The state also uses taxpayer dollars to pay for abortions for poor women.
The fetal pain bill picked up momentum during the legislative session and brought the pro-life supporters tantalizingly close to success. Friday’s veto spoiled West Virginians for Life’s dinner, and it’s left them hungrier than ever.