W.Va. officials react to abortion decision

Jun. 25—Political and social battle lines had been drawn in indelible ink long before Friday's Supreme Court 6-3 vote to overturn Roe v. Wade, the 1973 decision giving women the constitutional right to an abortion.

The court ruling in Dobbs v. Jackson Women's Health Organization concerned a law enacted in 2018 by the Republican-dominated Mississippi Legislature that banned abortions if "the probable gestational age of the unborn human" was determined to be more than 15 weeks.

The decision was met with both anger and celebration across the country and just outside the Supreme Court in Washington, D.C. Regardless of whether politicians carried a D or an R behind their name, there were no new fields being plowed in the response.

At stake, about half of all states are likely to adopt total bans on the procedure.

One of them, West Virginia.

"I applaud the Supreme Court's courageous decision today," Gov. Jim Justice 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."

His call will be warmly received in the super majority Republican chambers of both House and Senate in Charleston.

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

"We applaud the U.S. Supreme Court's decision today to affirm that every human life is precious," the press release 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.

Senate Minority Leader Stephen Baldwin believes the session will take place in late July.

Sen. Rollan Roberts confirmed what his Republican leadership had said. Roberts told The Register-Herald that "legislative attorneys have been comparing the many references to abortion" in state code.

"They have informed legislators that conflicts exist within the Code that need to be clarified," Roberts said.

He indicated some of the conversations have already happened.

"During the June legislative interims, lobbyists were talking to legislators about changes they believe need to be made. There will be much debate and controversy as we codify practices related to abortion."

As for the court decision itself, the conservative Raleigh County legislator from Beaver said, "I applaud the Supreme Court's ruling with the Dobbs decision striking down Roe v. Wade.

"West Virginia, along with all other states, will now be tasked with determining the will of the people in their state concerning abortion issues," he said.

Legislators earlier this year tried but failed 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.

Del. Chris Toney, who is seeking re-election to his House 31st District, was pleased with the court decision, saying he believes life begins at conception and that "every life should be protected."

"We have had a ban on the books since the late 1800s here in West Virginia," Toney said. "Now our attorneys will have to see whether or not our existing pre-Roe ban is going to be triggered because of this decision. We will then look at what needs to be done to make sure every single human life is accepted and valued in West Virginia."

Bishop Mark E. Brennan of the Diocese of Wheeling-Charleston, while agreeing with the court ruling, said the time had come "to continue to foster a genuine respect for all human life throughout our country."

"Now more than ever," Brennan was quoted as saying, "we must show our fellow citizens that we are both pro-child and pro-woman."

He called for continued assistance to help pregnant women, mentioning outreach centers, counseling services "to help women respect and cherish their unborn child," parenting classes, baby clothes, diapers, and formula for mothers in need.

Sen. Joe Manchin, D-W.Va., a Catholic himself, was one of the first out of the gate following the court decision with a press release. In it he said he would support Congress acting to codify the policies that had been in effect under Roe v. Wade.

But with an equally divided Senate, no one is suggesting that is likely to happen.

"I was raised pro-life and will always consider myself pro-life," Manchin said in the release. "But I have come to accept that my definition of pro-life may not be someone else's definition of pro-life. I believe that exceptions should be made in instances of rape, incest and when the life of the mother is in jeopardy."

Manchin's statement did not impress Todd Kirby, a Republican candidate for the House of Delegates seat out of Beckley.

"I am not surprised by the fact that Sen. Manchin is parroting the position of the Democrat Party's leadership in Congress," Kirby said. "Sen. Manchin portrays himself as a West Virginia conservative every election cycle and then votes like a California liberal every chance he gets. This is just another example of that."

Kirby made it clear where he stands.

"If any Republicans in Congress join in attempting to codify Roe into federal law, then they should be stripped of their committee assignments and summarily primaried out of office," Kirby said.

As far as how the West Virginia Legislature should proceed, Kirby said, "It appears that the Legislature is most likely poised to greatly restrict and limit abortions in West Virginia. Whether or not this could be done by simply clarifying existing laws on abortion or holding a special session to discuss new legislation is not clear at the moment.

"I would propose that the leadership in Charleston act as quickly as possible to enact or clarify law so as to protect as many unborn lives as possible and to avoid any unnecessary confusion on the issue statewide."

Kirby was pleased with the Dobbs decision because it returned the debate back to the states.

"States that want unrestricted abortion are still free to continue doing so. States that want to protect the lives of unborn children can pass laws prohibiting or greatly restricting abortions," Kirby said. "This case simply returned this controversial and important issue back to its rightful place, the state legislatures and the voters of each state."

And Kirby sounded a lot like Michael Honaker, the Republican incumbent from District 46 in Greenbrier County.

"As someone who is as passionate and adamant about the right to life, I am celebrating" the court decision, he said. "It is a pretty significant thing."

As for how West Virginia moves forward with the issue, Honaker was calling for "lots of discussion" and that the state should not revert to what is on the books.

"We need to have that discussion. We need to have public hearings" to consider what the abortion law should stipulate. A believer in life at conception, Honaker said that, too, was a discussion the Legislature needed to have — as to when life begins.

"We have to find the truth."

States' rights was echoed by Sen. Shelley Moore Capito, R-W.Va.

"By overturning Roe v. Wade and Planned Parenthood v. Casey, the Supreme Court has returned this issue to the states to make their own determination," she said. "I support this decision, and I would expect West Virginia to support this decision as well.

"This ruling does not create a federal ban on abortion, as has been suggested by some of my colleagues."

Rep. Carol Miller, R-W.Va. — 3rd District, reacted to the news on Facebook.

"As a mother and grandmother," she wrote, "I know the joys a child brings to a family. All life, no matter the age, should be cherished. I am pleased to see the Supreme Court overturn Roe v. Wade. An unborn child is a human life that must be protected. Today is a huge victory for all Americans."

Lacy Watson, Miller's Democratic opponent for the U.S. House this fall, said he remains steadfast in his support for women's rights.

"I will never diverge," he said. "I am pro-women's health. I support a woman's right to choose what is best for her body and her financial situation. I stand by women's right to access all health services that will support her total well being and that of her immediate family.

"I opposed today's decision."

In Washington, President Biden said the decision was the "realization of extreme ideology" while Mike Pence, the former conservative Republican vice president to the former president, Donald Trump, called for a national ban on the procedure.

Trump, for his part, said the court's decision was "something that will work out for everybody." But he was also telling others behind closed doors, according to reporting by the New York Times, that the decision would be bad at the ballot box for Republicans.

For West Virginia's governor, Friday was "a landmark day."

"What do we do? We celebrate that decision and we move forward."