WEST VIRGINIA
Political control: West Virginia has a legislature controlled by Republicans who want to ban or restrict access to abortions. Gov. Jim Justice, a Republican, opposes abortion access and has signed two anti-abortion laws since taking office in 2017.
Background: Prior to the Supreme Court ruling, West Virginia law banned abortion after the 20th week of pregnancy unless a patient’s life is in danger or they face “substantial and irreversible physical impairment of a major bodily function.” The state has several other abortion restrictions that include: requiring patients seeking abortions to wait 24 hours after undergoing legislatively mandated counseling that is designed to discourage a woman from ending a pregnancy; requiring minors to get parental permission; banning the use of telemedicine to administer a medication abortion; and prohibiting abortions on the grounds that the child will be born with a disability.
Effect of Supreme Court ruling: West Virginia’s only abortion clinic announced after the Supreme Court’s ruling that it would immediately halt abortion services out of concern that staff could be prosecuted under a state law banning abortion that dates back to the 1800s. Charleston-based Women’s Health Center of West Virginia Executive Director Katie Quinonez said it would be “impossible” for the clinic to continue performing abortions with such a law on the books. Under that law, providers who perform abortions can face felony charges and three to 10 years in prison, unless the abortion is conducted to save a patient’s life. The law makes no exceptions for rape or incest. In 2018, West Virginia voters approved a constitutional amendment to declare patients do not have the right to abortion and banning state funding for abortions.
What’s next: State officials have not said formally how the 19th century abortion ban will be enforced. Abortion is addressed in numerous statutes in West Virginia state code, including the 20-week ban passed in 2015 that acknowledges the right to abortion access in the state. State Senate President Craig Blair and Speaker of the House Roger Hanshaw, both Republicans, said legislative attorneys are reviewing each statute on the books “to determine how they apply” in light of the high court’s decision. No lawmakers have commented on whether they intend to outlaw medication abortion. The governor has said he will not hesitate to call the Legislature into a special session if the state’s abortion law needs to be clarified. Quinonez said while her clinic is not currently performing abortions, it will remain open to continue to provide reproductive care, such as birth control and diagnosis, and to treat sexually transmitted diseases. She said the clinic will help women travel to other states for abortions through its abortion fund.
