Abortion rights protest is planned, injunction hearing set, and no clarity yet on legislation

Supporters of abortion rights will gather in Charleston this weekend.

Meanwhile, an injunction hearing over a legal challenge to West Virginia’s revived law that makes abortion a felony has been set for July 18 before Kanawha Circuit Judge Tera Salango.

And there’s little public sign so far of what specific policies West Virginia lawmakers might consider now that the U.S. Supreme Court has left abortion law to the states.

Margaret Chapman Pomponio

“Abortion in West Virginia has been a political football, but this is not a game, and taking away access to abortion in our Mountain State is hurting our people,” said Margaret Chapman-Pomponio, chief executive of West Virginia Free.

“This is totally out of step with the majority of West Virginians’ beliefs and priorities. We are calling on the voters of West Virginia to turn their outrage into action by telling our elected leaders that we expect them to protect public health by repealing the draconian crime of abortion in our state code. We need lawmakers to get us out of the 19th century, and to do so swiftly.”

Penalties under West Virginia’s felony range from three to 10 years for providing an abortion. The state’s only abortion provider, Women’s Health Center of West Virginia, halted abortions out of concern of prosecution.

The law on the books in West Virginia dates back to the earliest days of the state. The law says:

Any person who shall administer to, or cause to be taken by, a woman, any drug or other thing, or use any means, with intent to destroy her unborn child, or to produce abortion or miscarriage, and shall thereby destroy such child, or produce such abortion or miscarriage, shall be guilty of a felony, and, upon conviction, shall be confined in the penitentiary not less than three nor more than ten years; and if such woman die by reason of such abortion performed upon her, such person shall be guilty of murder. No person, by reason of any act mentioned in this section, shall be punishable where such act is done in good faith, with the intention of saving the life of such woman or child.

People who support the right to abortion will gather at the state Capitol for an event starting at 2 p.m. Saturday.

Katie Quinonez

“West Virginians deserve better. It’s time to use our collective rage to make it clear to lawmakers: we demand affordable and accessible abortion, and we will not back down,” said Katie Quinonez, executive director of Women’s Health Center of West
Virginia.

Elected officials have talked generally about a special session to change or clarify West Virginia’s abortion law, but there has been no specific disclosure of a timeline or policies to be considered.

Gov. Jim Justice

“I think it’s pretty dadgum clear, especially on the House side, that they’re not ready,” Gov. Jim Justice, a Republican, said today.

“Does that mean that we can just kick the can down the road forever? No. I said we’ll do it really soon, and I’ll hold to really soon. But I don’t think our lawmakers, especially on our House side, are ready and they’re doing their deliberation in regard to how they’re going to craft this.”

Alluding to the old law and the legal challenge, the governor said, “The laws are archaic. They’re ancient. We’ve got to do something. We’ve got to clean it up. We’re either going to get our brains beat out in court or we’ve got to clean it up.”

Roger Hanshaw

House Speaker Roger Hanshaw, in a memo to the Republican caucus, “It is now clear after the Dobbs decision that West Virginia is able to take an even greater pro-life position than we already have.”

Saying that staff has been working on preparation for the ruling’s effects for weeks, Hanshaw went on to describe continuing preparation to carefully consider refining West Virginia’s law.

“We will continue working promptly to gather our collective thoughts on the outcome we want for West Virginia and be prepared to work with the governor and the Senate,” Hanshaw, R-Clay, wrote to members of the House supermajority. “We all recognize the gravity of the situation and want the law in this area correct. We are working to make sure we do exactly that.”

Mike Pushkin

Delegate Mike Pushkin, who is also chairman of West Virginia’s Democratic Party, expressed doubt today that the Legislature will actually move to revise the law.

“No, I don’t think they have the courage to do that,” Pushkin, D-Kanawha, said on “The Watchdog Morning Show” broadcast in the Wheeling area. “And it needs to be repealed. That was a law enacted back before women had the right to vote. That was a law that was enacted before women had the right to own property or even have a bank account. There’s no exception for rape or incest.

“It’s extreme. And I think Republicans already got what they wanted. The only clinic in the state, which happens to be in the district I represent, has quit performing abortions. So I don’t think they’re going to take it up.”





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