WVa Governor: Voters Shouldn’t Decide Abortion Access Issue

CHARLESTON, WV (AP) — West Virginia Gov. Jim Justice on Monday scoffed at a suggestion by Democratic lawmakers to let voters decide whether or not abortion should continue in the state.

The Republican governor said the state’s abortion law is under scrutiny by the Legislature and the attorney general.

During a special legislative session initiated by Justice last month, most Republicans did not pass legislation criminalizing abortion.

On Friday, top Democrats asked Justice and top Republican lawmakers to have the Legislature reconsider a resolution that would allow voters to consider a constitutional amendment for “reproductive freedom.”

Justice did not want to know anything about that.

“Unfortunately, this place is surrounded by constant bravado,” the governor said at a news conference. “I think that’s what the Democrats are doing.”

Abortion had been prohibited after 20 weeks of pregnancy in West Virginia until the US Supreme Court struck down the constitutional right to abortion. After that ruling, Attorney General Patrick Morrisey said abortion was completely banned in the state due to an 1800-era law that was unenforceable while abortion was federally protected.

But a Charleston judge barred the state from enforcing the ban, ruling that it had been superseded by a series of conflicting modern laws, including the 20-week ban. Morrisey appealed the ruling to the state Supreme Court, which is expected to hear the case this fall.

“From the US Supreme Court, this is the responsibility of our Legislature and our attorney general,” Justice said. “And I’ve absolutely said it over and over again, I don’t want to impose anything, any ideas or anything.”

“Now, if they bring me something that I can’t sign, I don’t sign it. But actually, I don’t think that will happen. I think our Legislature is full of good people and they should get over this and bring me something that I will definitely appreciate and sign. And I think that’s exactly what will happen.”

In 2018, West Virginia voters approved a constitutional amendment that says nothing in the state Constitution “assures or protects the right to abortion or requires the funding of abortion.”

During the special session, the House of Delegates passed a sweeping ban on abortion that would have made providing the procedure an offense punishable by up to 10 years in prison. The measure included exceptions for victims of rape and incest, as well as for medical emergencies. The Senate approved his version that eliminated penalties for doctors who perform illegal abortions.

The House of Delegates quickly refused to agree to Senate changesinstead of asking for a conference committee to resolve the differences between the bills. More than two weeks later, no such committee has been announced.

West Virginia Democrats’ call for a referendum came after residents of Kansas, another state with a GOP-controlled legislature, rejected a ballot measure that would have allowed lawmakers to tighten restrictions or ban the procedure altogether. Despite the large margin, Kansas vote counting plans manually.

“This is a very important issue,” West Virginia Senate Minority Leader Stephen Baldwin said in an email Monday. “We need a resolution sooner rather than later. The legislature had an opportunity to act and failed. We should let the people decide. This is a constitutional question, and our constitution empowers the people to decide it on the ballot.”

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