10:06am: Talkline with Hoppy Kercheval

Proposal to ban abortions after 15 weeks goes to full House of Delegates

West Virginia’s full House of Delegates will consider a bill to ban abortions after 15 weeks, a policy that would be in line with the Mississippi law under review by the U.S. Supreme Court.

The state is one of many examining changes to their abortion laws while anticipating a ruling by the Supreme Court later this year.

Some states, including Florida, have been moving to get in line with laws like Mississippi’s. Other states are strengthening laws guaranteeing access to abortion. Vermont this week has moved toward an amendment to the state constitution guaranteeing the right to abortion and contraception.

Members of West Virginia’s House Judiciary Committee on Wednesday afternoon discussed and advanced HB 4004.The bill had already passed the House Health Committee and now goes to the full chamber. The Judiciary Committee also passed a related bill, HB 4005, to establish a state law making it illegal to transport and sell aborted fetal organs.

Committee discussion focused on whether West Virginia would be moving prematurely with the Supreme Court’s ruling still uncertain.

Chris Pritt

“This bill is going to save lives. This bill will undoubtedly save lives,” said Delegate Chris Pritt, R-Kanawha, expressing confidence that the Mississippi law will be upheld. “I think we have a compelling interest in protecting life.”

Mike Pushkin

Delegate Mike Pushkin, D-Kanawha, predicted a legal challenge if changes in West Virginia are approved.

“We’re going to send this version through the Fourth Circuit and and see how that goes,” he said. “I’m sure it will wind up there if it goes through the Senate and is signed.”

Following Dec. 1 oral arguments, a ruling by Supreme Court justices could roll back what was established in the earlier Roe vs. Wade case, as well as the related Planned Parenthood vs. Casey.

Mississippi’s law established a statewide ban on abortion after 15 weeks. That’s weeks earlier than what Roe vs Wade established, with viability at 23 or 24 weeks — or longer in cases where the patient’s life or health is at risk.

Joey Garcia

Delegate Joey Garcia, speaking those precedents, said restricting abortion to 15 weeks in West Virginia would be unconstitutional presently.

“This is government overreach at its worst,” said Garcia, D-Marion. “There are members around this table who will say that when it comes to other constitutional issues, but not now. So I oppose this bill.”

Lisa Zukoff

Delegate Lisa Zukoff, D-Marshall, urged an amendment to provide exceptions for instances of rape or incest. Zukoff had earlier tried to get the Health Committee to embrace similar exceptions.

“These are instances where there’s non-consensual sex, which results in pregnancy oftentimes done in a violent and threatening manner and oftentimes it could be children that are ages 12 to 15 that could become impregnated if they were raped,” Zukoff said.

She challenged members of the committee, dominated by men, to consider that situation.

“I understand we’re all elected to be here. but 90 percent of you that are around this table would never have had to make this decision. Never. Not a decision you’d have to make.” she said, citing statistics to demonstrate how frequently that situation occurs.

“So in essence, we want to harm West Virginia women and girls who have conceived through rape or incest, that that we need to stand with Mississippi, to say to the United States Supreme Court that West Virginia stands with Mississippi to help form national opinion on abortion, and that’s wrong. That’s not a reason for us to pass this legislation.”

Jonathan Pinson

Delegate Jonathan Pinson, R-Mason, agreed that such situations are heartbreaking but urged the committee to vote down the amendment. He said passage of the bill, without exceptions, would result in more pregnancies being brought to term.

“We are talking about a very serious issue, and we’re talking about awful situations,” Pinson said. But he said, “This bill is about protecting unborn children.”

Most committee members voted to reject the amendment and then voted to advance the bill.





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