CHARLESTON, W.Va. — Claiming a ban on abortions after 20 weeks of pregnancy is “what West Virginians want,” the legislative coordinator of West Virginians for Life called on lawmakers to reignite the bill Gov. Earl Ray Tomblin recently vetoed.

John Carey and other supporters of HB 4588, the Pain Capable Unborn Child Protection Act, were at the State Capitol on Tuesday to put pressure on leaders of the state Senate and state House of Delegates to again bring up the legislation Tomblin vetoed last week in a special session.

“We believe that the reasoning the governor put forth (for the veto) was flawed,” Carey said. “First of all, he’s taking the position of being a judge and we think he’s not being a very good judge.

“We believe that, when the legislators look at the facts, they’re going to disagree (with the veto decision). I think they already disagree with the governor’s actions, but they’re also going to disagree with his reasoning.”

Tomblin cited his pro-life legislative voting record before saying the following in a statement issued with his veto on Friday evening: “I am advised, not only by attorneys from the Legislature, but through my own legal team, that this bill is unconstitutional as shown by actions of the Supreme Court of the United States.”

He continued, “The bill is also problematic because it unduly restricts the physician-patient relationship.  All patients, particularly expectant mothers, require the best, most unfettered medical judgment and advice from their physicians regarding treatment options.”

The Legislature can only vote to override a veto while in session and that is why Carey and others are calling for a special session.

“I know that the Republicans want it to happen and I do know there’s a lot of passion among the Democrats (for) the bill. They believe in this bill and I think there’s a very good opportunity that this could happen,” said Carey.

It’s usually up to the governor to call a special session and decide the agenda. However, according to state law, a governor must call a special session if three-fifths of the members of both the state Senate and state House of Delegates request it.

According to House officials, the last time such a move was successful was under then-Gov. Jay Rockefeller in the early 1980s.

“If there was a time that it should happen, this is the time,” said Carey on Tuesday’s MetroNews “Talkline.”

On Tuesday night, those with West Virginians for Life held a prayer vigil outside of the Governor’s Mansion to continue their push for the fetal pain bill.

Several national pro-life advocates were on hand for Tuesday’s events. Those national officials are calling on U.S. Sen. Joe Manchin (D-W.Va.) to co-sponsor the federal Pain Capable Unborn Child Protection Act.

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  • george

    Manchin who is Catholic should take the reigns on this one---if he is truly Catholic...............

  • Matt

    @ conchop:

    I'm a proud holy roller! You strike me as someone who wants to do whatever they want whenever they want, and not be called on it. When you use my tax money to kill babies, it is my business.

    There is a clear correlation between legalized abortion and the moral decline of this country.

    As for your history lesson, the country was founded on Judeao-Christian ethics. The Founders wanted to make sure there was religious freedom. They never intended to eliminate these values from our nation. This is more Progressive hogwash cooked up because most of these folks want to deny God's existence and do whatever they want!

  • Matt


    When you are using my tax money, it is my business. You have no more right to kill a fetus than you do any other human life.

    Again, we talk too much about rights and too little about what is actually right.

  • DWM

    This is an issue we need to take to the ballot box the next time Tomblin runs.

    I, for one, won't forget.

  • wv4evah

    It would have been nice if the article had mentioned..estimated, many people turned out at the event Tuesday night. Six? Six hundred? How many?

  • Jessica

    Whose to say 100% that the fetus doesn't feel pain prior to 20 weeks. The fetus is a living organism. I am a woman and a mother. The gift of a child is precious. I also lost a child from a miscarriage. That was both physically and emotionally painful. I would like to think my child felt no pain. But I'm not sure just because a doctor says possibly.

    I understand certain women's views on why they want to get an abortion. Rape, unplanned, not ready and some just don't want children. However, there are other options. I know several people just in the small community I live in that can not have their own children and would love a baby.

    I also contemplate about babies that doctors test and know are going to be born with problems and never have a normal life. I understand the concept of abortion in these cases because of the quality of life and short life expectancy of the child. In this situation it makes more sense because that child is going to suffer more in the long run. With the exception of some down syndrome children. These individuals can function ok and live normal lives to some degree. Most are very sweet people.

    Bottom line "man is not God. One thing to attempt to save lives through use of knowledge, technology and medicine. Another thing to take lives. Goes against the very principle of medicine in the first place."

  • conchop

    Looks like the right wing has pulled out their favorite Dog Whistle again. Since its such a good Dog Whistle, you'll never ever see abortion criminalized, even if every seat in the Nation went to the Evangelical TEA/GOP Conservatives.

    Judging by the commentary and the all the striking referral to Liberals loving baby killers, and Conservatives loving Baby Jesus, it appears the Church is again trying to pawn off their dogma into American Law.

    Our Founding Fathers knew how the Church ruined much of Europe as our Nation was established, so they wisely kept religion out of politics, yet allowed people to subscribe to whatever religion they wanted, if they wanted it at all.

    Since the Church always tries to throw its weight in WV and American politics, this is as good as time as any to have the Church TAXED. If you Holy Rollers think you can install your inferior Dogma into the superior laws of the land - pay up ...

    • DWM

      Wondering what the church has to do with our laws that protect the killing of one human being by another?

      This has been part of law going back to the Roman times. Through medical research we have determined that the human being in a woman's womb feels pain at 20 weeks, why wouldn't we protect that human being?

      This has nothing to do with the church and everything to do with better science leading to a better understanding of the unborn.

      My guess is you like better science only when it proves you case, on the issue of the unborn, it does not.

  • Timothy N. Smith

    The Bible definitely teaches that the unborn are persons because the unborn possess personal attributes, are described by personal pronouns, Jesus is called a child at conception, the unborn are called children, are protected by the same punishment as for adults, are called by God before birth, and are known personally by God just like any other person. Since abortion is murdering a person, abortion is morally wrong.

    Also in thy skirts is found the blood of the souls of the poor innocents: Be not deceived; God is not mocked: for whatsoever a man soweth, that shall he also reap. It's time for born-again, blood-bought, Bible-believing Christians to take a bold stand for our Lord and Saviour Jesus Christ! He is coming again soon on the clouds of glory for His bride!

    Are you ready? AMEN!!!

  • Cynara

    @wvu999 - Wish there were a like button!

    @WV politicians - Can we have both gun rights and reproductive rights please?

    The rest of you - if you don't like guns or abortion, don't have them. But don't mind other people's business when you know nothing of their issues.

  • Rickey

    It's all just quibbling anyway, isn't it? 22 weeks, 20 weeks, 2 weeks, any abortion is baby-murder isn't it? Does it make it right just because the fetus feels no pain?
    Why should we quibble over a few weeks when women and their doctors are killing their little children in cold blood? If abortion is murder of children, shouldn't women and their doctors be treated just like any other murderers? Or would the pro-lifers concede that maybe a woman's considered and difficult choice to terminate does not quite fit the definition of the murder of a child (your word I'm only quoting the Act itself)?

  • wvu999

    If you personally dont want an abortion then dont have one. Problem solved. Mind your own business.

    Youre welcome

    • Wilt Chamberlin

      and pay for it yourself, right WVU999r

      • wvu999

        Sure pay for the abortion yourself. Or. Tax payers pay for raising an unwanted baby for 18 years and jail and prison time for possibly the rest of your life.

        Simple choice.

        Front end or back end payment

        • Silas Lynch

          Isn't that kind of like saying go ahead and put a person in jail before they commit a crime, because of who they are, they're bound to?

  • Larry

    Why do democrats love abortion so much?

    • Democrat

      We just do, get over it, all Democrats love abortion and think all women should have them. The fewer babies born, the more money the government can divvy up between us, we also love the government and rely on it for our very existence. One thing we hate is actually working for a living, no way we can get behind that, but killing babies, yes, we are all for it, 100%.

    • William

      Why don't republicans believe in science?

      • Charleston

        They do, just not the pseudo-kind.

    • wvu999

      Why do republicans hate too much government so much until they want the government to make laws that support their religious beliefs?

      • Mike

        wvu999, Sorry to say but you are on sick person.

      • Wilt Chamberlin

        So all atheist are murderers?

      • Wilt Chamberlin

        WVU999, You’re just as obtuse on this thread as you were on the other. You sound to be a self-centered, flawed, selfishly obstinate human being.

        Tell me, do you kill unborn puppies too or do you wait until they are at least half way out of their momma before you pierce their spine at the base of the skull with a 10 penny nail?

        Terminating a baby while still in the womb isn’t about “women’s health” to you nor is it about the whole façade of “women’s right to choose” It sounds more personal from you,-- or maybe it’s just a matter of convenience for you . In any case, you do the Pro-choice crowd little good.

        Kill all the unborn you like,,, just don’t force my involvement by using my tax dollar.

      • mntr Bob

        I would hope that if I were not a believer that I would feel the same way about the welfare of the unborn. You do not have to be religous to be pro life.

      • Onlooker

        LOL. Good one.

  • Cheryl Gaunt

    If a special session must be called to override this bill then I hope they do so. This bill is so wrong!!! If they wait until next year, just think of all the innocent babies who will have died!

  • liberty4all

    I do not want a special session convened. If it must be raised again, let the legislature consider it again next year during the regular session. By then there may be some additional clarity regarding the constitutionality issue. The fact that the bill actually impacts so few abortions should be an indication of the importance, or lack of, to warrant a special session. I know, even one abortion is too many but there are tons being performed already and this will conitnue despite the veto of this legislation in WV.

  • Rich

    This is another example of the right to lifers wanting it all. If they had accepted Senator Palumbo's amendment to go to 24 weeks, Governor Tomblin would probably have signed the bill, and it would have withstood a court challenge.