Governors, legislators in both Virginias considering impact of Roe v Wade decision

Jun. 25—Gov. Jim Justice said he will not hesitate to call a special session relating to the state's abortion stance in the wake of Roe v. Wade being overturned by the U.S. Supreme Court.

The Supreme Court ruled in support of a Mississippi law restricting abortions to 15 weeks, rather than Roe v. Wade's 24 weeks. The ruling basically ended Roe v. Wade and shifted abortion decisions to the state level.

Justice said Friday morning during his pandemic briefing that he feels "very strongly about this statement," and read what he had released when he heard of the decision.

"I applaud the Supreme Court's courageous decision today," he said. "I've said many times that I very proudly stand for life and I am rock-solid against abortion, and I believe that every human life is a miracle worth protecting. I will not hesitate to call a special session after consulting with the Legislature and my legal team if clarification in our laws needs to be made."

Justice said during his briefing it is a "little premature" to make a decision on a special session until those conversations take place.

"It is a landmark day with the Supreme Court decision," he said. "What do we do? We celebrate that decision and we move forward."

West Virginia never repealed an ancient abortion ban from the post-Civil War, and the state also has an amendment that residents do not have a constitutional right to an abortion.

Senate President Craig Blair, R-Berkeley, and Speaker of the House Roger Hanshaw, R-Clay, released a joint statement on the decision.

"We applaud the U.S. Supreme Court's decision today to affirm that every human life is precious," they said. "We stand strong with the majority of West Virginians who have shown us and told us they believe unborn children are entitled to the same rights as everyone, and we are ready to expeditiously take any necessary steps to ensure we continue to save and protect as many innocent lives as possible in West Virginia."

The statements said legislative attorneys have been preparing for this decision for weeks, since the Supreme Court opinion was leaked in early May.

"Abortion is addressed in numerous statutes in West Virginia Code, and now our attorneys will need to further review those statutes to determine how they apply in light of this decision," they said. "We will work with the executive branch to address any needs relating to our state's abortion laws that may arise from today's opinion."

Legislators earlier this year tried to advance two bills related to abortion: A Senate bill would have limited abortions to six weeks after gestation and a House bill would have followed the Mississippi case at 15 weeks.

However, neither bill advanced to a vote on the floor.

Del. Joe Ellington, R-Mercer County, who is also an OBGYN physician, said that, "pending any legislation to clarify our state's current code, I would probably support some latitude in certain circumstances."

"Obviously, I would have to see what the legislation says before I would support or not support it," he said. "I don't favor abortions for birth control, nor for just any reason. I can support for affecting life of mother, though those situations would be extremely rare."

Ellington said in instances of genetic anomalies not compatible with life or other genetic anomalies he would leave decisions to "patient/physician."

However, he said he has a conflict with rape/incest as a reason, "although sympathetic to the situation."

"I would have a hard time justifying why that fetus has no less opportunity to life than other fetuses," he added.

Ellington also said he would not support any abortion when the fetus has reached the point of viability.

"Once a fetus would be viable outside the womb, I am against terminating that fetus but advocate for delivery," he said. "These are my personal views. As a legislator, I would be obligated to support my constituents' wishes."

Del. Marty Gearheart, R-Mercer County, said he would support the right to an abortion only in a case where the mother's life is in danger.

"I believe all life is precious," he said.

Del. Doug Smith, R-Mercer County, said he is satisfied with the Supreme Court decision.

"I believe in our constitution and Roe was a weak decision when it was ruled on," he said. "There is no constitutional right to abortion. Pre-Roe, the authority for abortion was decided at the state level and I believe that the court's decision has rightly returned that authority to the states — the people and their elected representatives."

Smith said his views on abortion are consistent.

"My position on abortion has not changed since I first ran for election," he said. "I am pro-life. Abortion should never be used as a form of birth control and I don't waiver on that position for choice. While I don't personally like it, I do believe in exceptions when the life of the mother is endangered or in cases of rape or incest if they are immediately reported."

State Sen. Chandler Swope, R-6th District, said he is pro-life but does support exceptions "in cases of rape, incest and medical circumstances where the life of the mother or baby is at risk."

"I believe life begins at conception," he said. "There are plenty of ways to prevent unwanted pregnancies without using abortion instead of contraception."

Swope said he would probably not be in favor of giving women a window of opportunity for an abortion after she knows she is pregnant regardless of the reasons, but he would be "willing to debate the subject."

Attorney General Patrick Morrisey, a Republican who also said he supports the Supreme Court decision, said the law "must afford the unborn the same rights as everyone, most especially the inviolable right to life."

"In the next few days, I will be providing a legal opinion to the Legislature about how it should proceed to save as many babies' lives as humanly and legally possible," Morrisey said.

In Virginia, state Sen. Travis Hackworth, R-Tazewell County, has already announced he will patron a bill, "Protecting Virginia's Children Act," which will "protect life at conception for Virginia families."

"No society can be deemed civil when it murders and discards its babies because they are deemed inconvenient," he said. "I applaud the Supreme Court for staying the course and ignoring the immense bullying and intimidation they received from the radical left to repeal Roe vs Wade. I am proud to lead the efforts in the Virginia Senate to patron this important legislation that will protect life and ensure Virginia leads the way in providing a dignified and respected future for all Virginians — from conception to old age."

Virginia Gov. Glenn Youngkin, also a Republican, said he wants to see a bipartisan consensus on the issue in the commonwealth.

"The Supreme Court of the United States has rightfully returned power to the people and their elected representatives in the states," he said. "I'm proud to be a pro-life Governor and plan to take every action I can to protect life. The truth is, Virginians want fewer abortions, not more abortions. We can build a bipartisan consensus on protecting the life of unborn children, especially when they begin to feel pain in the womb, and importantly supporting mothers and families who choose life."

Youngkin said that is why he has asked Sen. Siobhan Dunnavant, Sen. Steve Newman, Del. Kathy Byron and Del. Margaret Ransone, all Republicans, to "join in an effort to bring together legislators and advocates from across the Commonwealth on this issue to find areas where we can agree and chart the most successful path forward."

"I've asked them to do the important work needed and be prepared to introduce legislation when the General Assembly returns in January," he added.

— Contact Charles Boothe at cboothe@bdtonline.com

Contact Charles Boothe at cboothe@bdtonline.com