3:06pm: Hotline with Dave Weekley

Morrisey letter: legislature can override fetal pain bill

CHARLESTON, W.Va. — In a letter to legislative leaders state Attorney General Patrick Morrisey said he believes the legislature could override Gov. Earl Ray Tomblin’s veto of the fetal pain bill.

Morrisey told Senate President Jeff Kessler, House Speaker Tim Miley, Senate Minority Leader Mike Hall and House Minority Leader Tim Armstead his office has studied the state Constitution.

(Read Morrisey letter here)

“Because we have found no such clear statement in the Constitution that restricts the Legislature’s authority to override the Governor’s veto during a Legislative-initiated special session, it appears the Legislature retains this override authority,” Morrisey wrote.

Gov. Tomblin vetoed the fetal pain bill, which would have banned abortions in the Mountain State after 20-weeks of pregnancy, citing concerns about its constitutionality but pro-life supporters are calling for lawmakers to override the veto even though the regular legislative session ended weeks ago.

Attorney General Morrisey said on MetroNews Talkline Thursday the end of the regular session doesn’t bring the legislature’s authority to act on a vetoed bill to an end.

“It (state Constitution) sets forth different mechanisms to override the veto,” Morrisey said. “If you were to simply use the clock or the fact that the legislature has gone out of session to stop that constitutional function—I think that would be problematic.”

Morrisey did caution there’s really no precedent.

“To be clear, when you don’t have a specific case in place you have to always exercise caution because you can’t predict with certainty what will happen,” he said.

A legislative-initiated special session would a petition to the governor signed by a significant number of House and Senate members. That would be 60 delegates and 21 senators. Senate President Jeff Kessler previously said on MetroNews Talkline he would not be in favor of a legislative-initiated session.

Attorney General Morrisey said his office received several inquiries from lawmakers so they decided to research the issue.

“We’ve provided them with our best information on how this would occur,” Morrisey said.





More News

News
West Virginia among first states approved to unlock millions of federal broadband expansion dollars
West Virginia is in line for $1.2 billion.
April 25, 2024 - 2:16 pm
News
West Virginia officials blast new EPA rules with heavier restrictions on coal, gas power plants
Under the EPA rule announced today, coal plants that plan to stay open beyond 2039 would have to cut or capture 90% of their carbon dioxide emissions by 2032.
April 25, 2024 - 1:50 pm
News
Logan Kiwanis club celebrates 100 years
Organization formed by businessmen in 1924 remains committed to same goals of serving children a century later
April 25, 2024 - 1:44 pm
News
Motivational speaker Chris Gardner to deliver Marshall commencement speech Saturday
Two ceremonies will take place at the Marshall Health Arena in Huntington.
April 25, 2024 - 12:13 pm


Your Comments