CHARLESTON, W.Va. – A lobbyist for West Virginians for Life said Thursday on MetroNews Talkline he is four signatures away from forcing Gov. Earl Ray Tomblin to call a special session to deal with the fetal pain bill but the governor is promising to veto the bill again.

A seldom-used provision in the state constitution opens the door for a legislative-generated special session through the governor if 60 percent of members of the House of Delegates and state Senate sign a petition. Carey said he has 23 signatures in the Senate, more than enough, and 56 signatures in the House, where he needs 60.

“We planned on ending the effort on Tuesday but we’re just so close and we’re continuing the effort. We’ll continue it at least another week,” Carey said.

Gov. Tomblin vetoed the fetal pain bill earlier this year. It would prohibit abortions after 20 weeks. The governor said the bill had constitutional problems. Tomblin has said the bill would be more attractive to him if it called for a ban after 24 weeks. Carey said again Thursday there’s no room for compromise on the weeks because there’s scientific evidence an unborn child feels pain at 20 weeks.

Tomblin issued a statement Thursday afternoon promising another veto:

“As I stated on March 28, the language contained in House Bill 4588 is unconstitutional. I encourage legislators not to call themselves into a special session to revisit the same issue. Should members of the Legislature take the same action again, I will again veto the bill. As I also said on March 28, I am proud of my pro-life record, and I would be happy to work with members of the Legislature during the 2015 regular session to pass a bill that is constitutional.”

Carey said he believes he can get the other four signatures he needs in the House.

“I think we’ll get more than four or five that will actually say they would like to sign on. They just have to understand how important this really is to people,” he said.

All Republicans in the House have signed on to the petition with a handful of Democrats. Also all Republican senators and several Democrats.

Carey said he hopes the governor will see lawmakers want to do this through the petition process and will instead decide to call a special session on his own on the fetal pain bill. He said if a special session is held and the governor vetoes the bill again, lawmakers could recess for a month and come back in and override the veto. He said it could be done at little expense during already scheduled monthly interim committee meetings.

There also seems to be concern from the Tomblin administration about the cost of an extended court battle over the bill. Carey said it’s already legal in eight states and a court fight would be “worth the money.”

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  • Confused

    I've never understood why people think that this is a "woman's decision." Since when has killing another human being been a discretionary decision. Last time I checked, murder is still illegal. Now I understand that in certain stages of pregnancy a fetus is merely a gaggle of cells with very little, if any, human attributes. But at 20 weeks, we're talking about a living being that needs nutrients and oxygen to survive and has a heartbeat. I don't know about you but that seems to me about as "alive" as something can get. So is it murder when a fetus such as this is aborted?

    I also believe that in certain situations an abortion is fair or necessary. For instance, should a proven rape victim be forced to have a constant reminder of the most horrific experience in their life? Or should a mother be forced to give birth when there are imminent threats to the health and safety of either the mother or child? I don't believe so.

    My final thought, I always laugh when I see and hear statements such as "women's rights" and "stay out of women's healthcare" and "it's our choice." Let me just be frank, this is not one of your rights, this is not your healthcare and this most certainly is not your choice. If that is the case, I want the "right" to beat my wife when she does something I disapprove of. I want to be able to say "you know, I'm not real happy with the decision you made today. I'm going to beat you!" Sounds pretty stupid, huh? That's how I feel when I hear the mantras of the "pro choice" brigade. Unfortunately, ending a human life is not any one person's "choice."

  • Mike

    BS, Well said. Human life has no value in America any more. I for one will never understand the murder of a baby. We keep scum in prison feed them and give them medical care etc. However a baby can be murdered and the left scum are ok with it. I guess they cant vote so Tomblin is ok with killing them. There is no worse scum then those that allow babies to be killed and those that do the killing.

  • Steve Davis

    To "Christian" who suggested that God must be behind the slaughter of innocents because it has been law for 40 it possible God has been waiting for His people to use the power he has given them to right this wrong by voting? It is still law because WE have allowed it. Don't put this on God.

    • Wow

      Amen, God gives us his rules, but we can choose to obey them or not to obey them. We should not try to lay these killings on God.

  • Jamie

    My wife and I went to the doctor for an ultrasound last week and saw our babies heart beating. It was amazing. Our baby is SIX WEEKS old, SIX WEEKS. Not 20, not 18, not 12 - SIX, and he/she has a beating heart. That is a living human being inside of my wife's belly and aborting it now or anytime is nothing short of murder. You can call the baby what you want to make yourself feel better, you can call the procedure what you want to make yourself feel better, but it is murder, or at best voluntary manslaughter. If you don't want the baby, THEN STOP HAVING SEX!!! If you have sex and get pregnant, own up to it. If you are the victim of rape or incest, then the rapist or person committing incest should be punished, not the baby who had NO decision in the matter. I understand the woman had no decision in the matter of being raped, but we're not talking about killing the victim of rape are we. That sounds absurd doesn't it? Kill the victim of rape? No one would propose to do that because it's insane. So why is it not absurd to kill the innocent baby that is the result of those acts? I don't get it?

  • Constitutional Scholar

    We have a Constitution in the United States and any ambiguity in this issue was decided in 1973 with the landmark decision in Roe v Wade.

    This bill is unconstitutional. If you care about the US Constitution, then you should respect the decision. You may not like it but you should respect it. I applaud the Governor for standing up for our country.

    • Steve

      You had better forget about the constitution by the way our fore fathers would not have considered abortions . You had better start thinking what is right and wrong as people like you seem to be confused on the commandment that says"thou shalt not kill" by the way those laws come from a history book older than any of ours............

  • wv4evah

    Headline lacks objectivity. Takes sides in the debate over abortion rights. Shameful.

  • Michael

    West Virginians for Life don't save babies. They change laws that increase illegal abortions that kill women.

  • Steve

    It's so sad that we have a governor who's knowledge of basic biology is so limited as well his knowledge of running a State"..........people better know that a child in the womb is a child of God and taking it is a mortal sin.......believe it or not.......again simply refer to biology 101 as it states that the difference between the living and the non living is the cell hence a fetus is a living being...........

  • Neal

    They aren't real people anyway.
    Society can't afford to take care of them. They will be bad citizens.
    It's none of your business what I do with what is legally 'mine'.

    Do these sound like reasons that pro-choice people give to keep abortion legal? Yes, but they are the same reasons that slaveholders gave to keep slavery legal before we finally came to our senses and abolished it. All of you people who say on this board that 'abortion will always be legal' or 'roe v wade settled the issue once and for all' need to realize that bad law does get overturned. Slavery is a good example. It was legal for 200+ years before we finally matured as a society and outlawed it. Hopefully it won't take 200 years but one day we will grow up further and outlaw the tragedy that is abortion.

  • Kim

    Continued from previous...
    for making a judgment call to protect a woman's health. Women have the right to privacy in matters related to their health. There should be NO interference by lawmakers, lobbyists, or religious people with a self-serving agenda.

    • Neal

      They aren't real people anyway.
      Society can't afford to take care of them.
      They will be bad citizens.
      It's none of your business what I do with what is legally 'mine'.

      Do these sound like reasons that pro-choice people give to keep abortion legal? Yes, but they are the same reasons that slaveholders gave to keep slavery legal before we finally came to our senses and abolished it. All of you people who say on this board that 'abortion will always be legal' or 'roe v wade settled the issue once and for all' need to realize that bad law does get overturned. Slavery is a good example. It was legal for 200+ years before we finally matured as a society and outlawed it. Hopefully it won't take 200 years but one day we will grow up further and outlaw the tragedy that is abortion.

    • BS

      Kim and the rest of you femi-nazi's - I despise how you de-sensitize the butchery of late term abortion by using code words like "pro-choice", "women's health", "women's privacy", "doctor - patient decision", blah blah blah. Why don't you use the terms that describe what is actually happening like - decapitation, suffocation (chocking, strangling), poisoning, mashing, amputation, severing, disembowment...Not so palatable when the actual procedures are described!

      This world is full of people that have made bad decisions in their life and are forced to lived with the consequences. Killing their mistakes is nothing short of heinous. I don't care what kind of parents they will be, nor what will happen if those children are born, nor what irresponsible women will face having illegal back room abortions....those are nothing compared to what's happening in these abortion chambers. The answer is not to allow this horrid practice to exist, the answer is to stop the root cause of unwanted pregnancies.

      So stop minimizing what is actually happening in the abortion room with your cutesy phrases. Why don't you read and view the pictures of exactly what that Philadelphia abortion butcher did in his torture chamber and what occurs in every abortion, before that garbage spews out of your mouth!

      • Dr. Smith

        Reading your post, it is obvious you are mentally unstable.

        Your demented "garbage" is unfounded, ignorant, and irresponsible.

        • BS

          We now hear from a baby killing abortion doctor.. Dr. SmithMengele!

          Anytime you want to match wits with me let me know ... and you can even bring your baby killing torture instruments with you!

      • wow

        Very well said BS, they want to make it sound not as bad as it is, when it is just plain killing a baby that can not defend itself. These are very sick people that would kill an unborn baby and then try to say it is O.K. and just a choice.

    • wow

      You and I both know the scenario that you just gave is not what prompted this bill. It is people like the doctor in Philadelphia and other such baby killing shops that were aborting (killing) late term babies just because the mother decided she didn't want it. You make it out like doctors are beyond reproach and would never do anything but what is right. The fact is when any situation is left unchecked it leaves room for people to do bad things, not all people but some. So some over sight and review may not be a bad thing as long as it is not too invasive.

      • Dr. Smith

        You are a liar that obviously is not in the health field nor have any experience in this field.

        • Wow

          At least I'm not a killer of babies that can't defend themselves, what a coward you must be. How can you even look in the mirror or sleep at night?

        • BS

          Could it be Dr Smith is an abortion doctor (and I use that term loosely)?

          Unlike thevulnerable babies you butcher, I am not afraid of you, your sub intellect or anything else about you. You have no clue how to deal with someone that isn't defenseless. Despicable sub humans like you will find your just reward - hopefully a demise similar to what you have done to the defenseless

  • Kim

    The chances are pretty significant that a woman who reaches 20 weeks in a pregnancy planned the pregnancy, but is considering abortion due to medical complications that should be managed between the woman and her doctor. This bill seeks to criminalize doctors for making a judg

    • Tina Nelson

      Absolutely! Well-said!

      • wv4evah

        Well said tina!

      • wow

        well said if you are a sociopath with no regard for the life of others.

        • Dr. Smith

          wow: you are the sociopath.

          • Wow

            Sorry, I hold all life as important as mine, not some as disposable because they can't speak.

          • BS

            What med school taught you to make diagnosis over the internet - the Dr Mengele school?

            Or is your name calling a result of your low self esteem that causes you to try and belittle people with name calling ... and which also led you to killing defenseless babies.

            You are a real work

  • NRA

    These people are trying to take our rights away just like the government is trying to take our guns away.

    We will not let that happen.

    • BS

      you should keep your guns and keep your babies

    • wow

      what rights is that, that they are trying to take away?

  • Marty

    Abortions happened prior to Roe v Wade. They weren't safe, and frequently resulted in infections and deaths of the women having them. Abortions aren't going away, SAFE abortions are, as legislatures pass these anti-woman laws. How about helping children who are already born? WV has a lot of hungry, under-educated kids. Do some good and stay out of women's health care.

    • BS

      Women's health care - chemical poisoning, decapitating a baby. What a joke

    • wow

      Who is going to look out for the baby with no voice? What about the health of the baby?

      • Claire

        You think a person that wants to abort her baby but can't find a way to do it will be a great mom?

        • wow

          Deal with the mom then, but again what has the baby done to deserve to be killed. One never knows, the baby may grow up to be a good member of society.

          • Wow

            Not questioning Gods plan, just the killing of babies.

          • Christian

            One never knows what God has planned but you should not question His plan. You are not stronger than Him, He has allowed this law to be imposed for over 40 years. There is a reason.

  • Abram

    Gonna be hard for you liberals to take a life soon.

    • Danny

      ^^ is the perfect example of why the extremist in this state want this bill. They are still trying to overturn Roe v Wade.

      That boat sailed over 40 years ago.

      • Oh Please

        Yes, "they" are trying to overturn Roe v Wade... Norma McCorvey (Roe) herself is! She is wanting HER case overturned! Yes, HER case!!!

        And considering HER case was an attempt to use abortion as a method of birth control...hence, this case was regarding her 3rd pregnancy, it should be.

        It's one thing to have an abortion due to health/medical reasons and rape, it's another if you are using it as a form of birth control because your ignorant @ss is too stupid to educate and protect yourself from an unwanted pregnancy...birth control pills are available at your local health department, along with condoms! Get some or stop having sex, period!!!

        • Penny J

          Thank you, Oh Please, well said and very true! Every time someone throws out "Roe v Wade", I often wonder if they even know what Roe v Wade! And, yes, McCorvey (aka: Jane Roe) is wanting the US Supreme Court to overturn the ruling.

  • Betty Stepp

    I don't believe there is much evidence to support this argument. This is just another way for religious fanatics to take away women's rights. this is the same group of idiots who want to give rapists visitation rights.

    • wow

      what about the rights of the baby. Give me a reason or a case where the baby is at fault of any wrong doing and deserves to be killed? There is none, an adult is always at fault, never the baby but the baby ends up getting killed. Tell me how that is right.

      • Claire

        You are not STOPPING abortion by banning it. You only cause illegal abortions to rise.

        This bill isn't even about that! There are abortions that happen for medical conditions less than 10 times a year.

        • wow

          Under that reasoning we should do away with all laws regarding murder. With all the laws we have people get murdered every day, so what is the point in murder being illegal. Not that I think murder should be O.K. but at least people that are born have a chance to get away.

          • Wow

            We both know this is not what the bill is trying to stop.

          • Constitutional Scholar

            Thank you for posting this message. I only think of this issue on a legality basis, but you provide a realistic perspective based on first hand knowledge.

          • wvnurse

            These late term abortions are not murder, most are done due to the fetus not being able to survive to or at term. I was present during many term deliveries before RoeVsWade where the fetus was born without a brain, the entire spinal column out side the skin, one with no skin covering the entire chest leaving heart and lungs exposed. The suffering after being born was horrible for the, now, baby let alone what the parents experienced. Or the young mother with 1 child at home and the one she was carrying had died 4 weeks ago, finally went into labor, delivered what once had been a fetus but now was a massive infection and had to have her uterus removed and later died of the infection.
            By allowing this type of legislation women will once again be forced to carry a fetus to term only to watch her baby die. No there is no cure for being born without a brain but some babies will be put through many surgeries to try preserve life and wind up dying anyway.
            What about a woman carrying a dead fetus? This would force her to carry until she went into labor or died from infection while the fetus rots within her body.
            Do not do this to your wives, aunts, nieces, daughters and granddaughters. Allow them to make their choice with their OB provider who knows what choices she has.

    • Don

      For the record, I don't support visitation rights for rapists. (Actually, never heard of it being brought up).