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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  • 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).

  • Save me from the self- righteous

    Mr. Carey says it is worth it. He is mighty free with taxpayers money. He would rather spend it on lawyers than feeding and housing children and seniors. If Carey was as concerned about children after they are born, as he is about fetuses, it would keep him busy and out of women's personal decisions, finding money to feed and house them.
    Is Mr. Carey so concerned about forcing a woman to carry a fetus who can not survive outside of the womb to full term, he doesn't care about the irreparable harm this will cause?
    He had a cause. He does not care. Damn the women, they are just vessels in his book.

    • wow

      Call a baby a fetus if it makes you fell better if you want to but it is a baby who's life is being taken period.

      • Mike

        WV nurse I hope your not really a nurse. If you are you must have stolen the answers to your exams. You don't have a clue what you are talking about. The left has you so brain washed that you are lost. I guess you must believe murder is ok. Do you know anything about PPH. I mean like how and why it was started?Yes one day Roe vs Wade will be over turned. Hope when this happens those that preform these murders will go to prison where they belong.

      • Steve

        Then don't have an abortion.

        • wow


          • Christian

            God let Adam and Eve choose and if it is good enough for God, than it is good enough for me.

  • Brian

    This political issue has been back and forth for nearly half a century, it's not a priority with all the other things that need addressed. Don't table it, put it under the furthest back leg of the table clear in the far corners of the Capitol storage room.

  • Freddy

    Are their exemptions for rape and incest? If not, this bill needs to stay vetoed.

  • June

    The Governor vetoed this bill because it is unconstitutional. Bringing it back costs the state countless dollars, and fighting it in court will cost millions. WVforLife would do better trying to change the WV Constitution to allow veto overrides after the regular session closes. Seems to me a small state like WV can get its legislative business done without endless expensive special sessions. There will be another chance. There always is.

  • Protect the Children

    How could anyone be proud of signing a petition for Rapist's Rights? No exemption for minors, incest or crime victims~ so if a child is too young to give birth her uncle can sue her from prison and further victimize her? This bill has been ruled unconstitutional in several other states ~ who want's to waste money relitigating the "Women as Livestock BIll," the "Rapist Rights Bill" playing politics with women's healthcare and little girls

  • Lewis

    Every time you think WV might move an inch forward, you get maniacs like this guy taking us a foot backwards.

    I guess spending extra state money because you want to now is all it takes in West Virginia? Where there any other bills vetoed? How many of those groups will be asking for a Special Session? We may be having Special sessions every month now.

    • Neal

      Not too long ago Texas passed a law to greatly restrict abortions. Last time I checked Texas had one of the best economies in the country. I think your idea of 'progressing' is a little different then most other WVians.

      • Michael

        Texas illegal abortion rate has gone up for the first time in over 40 years as well as the number of women dying. They are not saving babies, only killing women trying to have abortions.

        • Neal

          You're missing the point. Just because the people of WV want to protect the unborn doesn't make us 'behind the times'. You can still have compassion for the unborn AND have a healthy economy.

          So what is the overall abortion rate since Texas passed their laws (both legal and illegal)? I'll bet it's lower than what it was prior to the new law. A life is still a life, regardless of how the baby is aborted.

    • The Truth

      Gee .... having ethics, morals, respect for life and principals is a step backward...I DON'T want to live in your advanced world then!

      • Constitutional Scholar

        It is call the "United State Constitution" and you don't have to live here.

        • Ginger

          Please show me in the US Constitution where it clearly states that abortions are the law of the land. And, as we all know, a Supreme Court decision is not a law! Provide link........

  • CL

    This is not the type of thing the Legislature should call the state into special session over. I would rather them fix potholes. That is more pressing than this bill, especially when there are issues with the bill.

    • oh really

      Yea, I've always thought to myself when hitting a pothole. " This is way more important to patch than keeping countless lives from being ended prematurely." you're a sick individual.

      • Mason County Contrarian

        Yeah, yeah, yeah. And once we get you here you're on your own because the very same Self-Righteous won't support those nasty ol' federal or state programs to maintain that same child's quality of life.

        • wow

          why don't we kill the Rapist, Pedifiles and those committing insest rather than the innocent babies. This is the only case I can think of where the one that has done nothing wrong ( the baby) gets punished, while the offender lives. How can this make any sense to anyone?

  • Merle

    Why can't they just wait until the legislative session? Why does it have to be before then, especially when there were constitutional issues.

  • Melanie

    It is not "worth" it.

    This was decided in 1973. Get over it and let's focus on issues we can do something about like lowering the unplanned pregnancy rate.

    Why are we still debating Roe v Wade?

    • RDC

      Melanie, you are so right. Why is it always a man that's so diametrically opposed to pro choice. I wonder how many unwanted children Carey has brought under his wing. Until you can get pregnant, butt out.

      • jfk

        Hang in there Don these women and men for that matter who are in favor of the legalized murder of the unborn will some day realize how wrong they are. Groups like WV for Life keep fighting because all of the other immoral issues in todays world. This is why we have so much immorality in this country we with strong convections have been silent. If only we could go back before 1973. I say keep fighting for what is right and God will bless. For you that want to keep God out of government, God is long suffering but will not be mocked.

        • Don

          A Pro-Abortion person says: It is OK to ABORT a 20 WEEK FETUS.

          A Pro-Life person who doesn't use comforting code words says: It is HORRIFIC to KILL a 5 MONTH OLD UNBORN BABY.

          ....and a special shout-out to the ABORTION GOVERNOR, Mr. Tomblin. Hope you enjoy your LEGACY.

        • NRA

          We need more gun bills not this stuff.

    • Don

      Because abortions kill babies that feel pain and can live outside of the Mother. Just because you can't see them doesn't make them not real. Are you that soulless?

      • Melanie

        Soulless? Why because I know there were abortions prior to 1973 and know they will be there even if Roe v Wade is overturned?

        I'm a realist. I accept the fact that abortions will happen whether they are legal or illegal. I want to focus on the problem.
        Let's spend the money educating people on how to stop unplanned pregnancies. That would be the soulful thing to do.

        • ViennaGuy

          - Let's spend the money educating people on how to stop unplanned pregnancies. That would be the soulful thing to do. -

          What? Am I reading that correctly? Do you really think that people don't know how pregnancies occur, planned or unplanned?


          • Constitutional Scholar

            Un-freaking-believable is the fact that you don't understand what has been deemed "Unconstitutional" in the year 2014.

        • BS

          Melanie Facts? You have no facts on your side. You only are re-vomiting the left wing femi-nazi propaganda that has been infesting this issue for decades.

          You and your "facts" are destroyed by the rational arguments made by the other side. The bottom line is this - it is a matter of conscious, ethics and morality, nothing more. Why don't you take your facts and stack them up against the graphic descriptions and pictures of the handiwork of that Philadelphia late term abortion doctor now spending the rest of his life in prison....The inspiration of this law....If you cannot see how worthless those arguments become in comparison, well there is something seriously wrong with you.

          • The Truth

            Melanie - see above

          • Melanie

            See above

        • Don

          Oh, what a great idea. There's something that's never, ever been tried before! Just throw money at it. It will go away. Typical liberal thinking.Just like with Communism, don't let the fact that it doesn't work keep you from throwing money at it and "wishing".

          • Melanie

            I had responded to those initially but you just came back with ridiculous labels.

            BTW, just for your FYI those are not factual statements. Those are emotional statements based on a loose interpretation of the law. While the law does not restrict abortions, abortions beyond 12-16 weeks are rare with fewer than 8 being done after 20 weeks in West Virginia on any given year.

            Those performed after 20 weeks are due to the fact something has gone horribly wrong with the health of the baby or health of the mother. These are situations where one size does not fit all and the mothers are left devastated and heart broken.

          • Don

            I mentioned the fact that babies are being aborted that are developed enough to feel the pain and developed enough to survive outside the womb.

          • Melanie

            "Typical liberal thinking.Just like with Communism"

            Maybe it wasn't a "name" as much as a label.

            If you can't fight facts with facts, then you're losing. BTW You didn't list any facts.

          • Don

            What name did I call you? If its Liberal... it sounds as though you are a liberal. Not really name calling. And, what facts am I off on?

          • Melanie

            Name calling is the typical response when facts are not on your side.

            No reason to push this bill outside of the legislative session.