Justice: West Virginia a 'rock solid right-to-life state'

May 5—PIPESTEM — Gov. Jim Justice said West Virginia is a "pro-life state," and if the U.S. Supreme Court does overturns Roe vs. Wade "you will see an overwhelming movement that will be a celebration."

Justice talked about the issue during a stop at Pipestem State Park Wednesday after a ribbon-cutting ceremony on completion of the park's $8 million renovation work.

"I think we are a rock solid right-to-life state," he said. "With all that being said, I think it's only fair we don't get ahead of ourselves ... Let's see what happens, what comes down. Lots of thing can happen between now and when there is a final ruling. We will see what happens."

The issue relates to a draft of an opinion to overturn the 1973 abortion law written by Justice Samuel Alito that was leaked earlier this week, sparking reactions nationwide.

{span}"We hold that {/span}Roe{span} and {/span}Casey{span} (a 1992 case upholding Roe vs. Wade) must be overruled," he wrote. "It is time to heed the Constitution and return the issue of abortion to the people's elected representatives."{/span}

But Chief Justice John Roberts said the leaked document was not necessarily the final opinion, which will be released in about two months.

That is why Justice said to be cautious until the final opinion is released.

Roe vs. Wade made abortion rights the national law, constitutionally protecting abortions up to viability, which is 23 to 24 weeks after gestation when a fetus could live outside the womb.

The Supreme Court last year heard a case from Mississippi after the state passed a law to decrease the allowable abortion period to 15 weeks after gestation. During oral arguments, the court indicated some changes may be made to the law, giving states more flexibility in restrictions.

However, overturning the law would mean states could decide on their own, which was part of Alito's opinion.

That is an outcome Justice agrees with.

"I think it is the very best decision to leave it to the states and I think you will see an overwhelming movement that will be a celebration if the ruling comes down," he said.

Justice said he is also "rock solid right-to-live" in his personal feelings about the issue.

"I guess the best thing we can all do is don't get over our skis and try to do something to grandstand," he said. "Let's see what happens and then make a really good decision. I am sure we will make a good decision for West Virginia."

During this year's legislative session, West Virginia joined many other states to get a jumpstart on passing abortion restrictions after the High Court heard the Mississippi case in December 2021 and indicated possible changes.

But a Senate bill to restrict abortions to six weeks did not make it out of committee and a House bill to copy the Mississippi case at 15 weeks barely missed the deadline for a final vote.

West Virginia already has restrictions banning most abortions that were passed before Roe vs. Wade, but they were never removed.

Other states have passed various laws, with some having "trigger laws," which would mean an abortion ban if Roe vs. Wade is overturned.

Some states have also protected abortion rights by placing laws into state constitutions.

— Contact Charles Boothe at cboothe@bdtonline.com

Contact Charles Boothe at cboothe@bdtonline.com