Women's Center abortion lawsuit dropped
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Apr. 18—A lawsuit challenging the constitutionality of West Virginia's abortion law has been dropped.
Attorney General Patrick Morrisey made the announcement on Monday related to the Women's Health Center of West Virginia, located in Charleston.
The center stopped offering abortions in September 2022 after the Legislature passed a new abortion law, banning abortions with the only exceptions to save the mother's life, a medical emergency or rape or incest victims (up to eight weeks of pregnancy).
After closing, the center filed a lawsuit asking for a preliminary injunction to resume providing abortions.
The center had been offering abortions since 1976, just a few years after Roe v. Wade became law, and was the only abortion clinic in the state. The U.S. Supreme Court overturned Roe v. Wade last year, leaving the decision up to states.
The center filed a notice of voluntary dismissal at the United States District Court for the Southern District of West Virginia in Charleston on Monday.
When the lawsuit was filed last year, Morrisey intervened on behalf of the state to defend the new abortion law.
"This issue is very near and dear to my heart," he said Monday. "As your first pro-life Attorney General, I stand firm in the belief that it is our duty to protect innocent life—we need to save as many innocent babies' lives as legally possible. I am proud to stand for the most vulnerable of our society and the sanctity of life."
According to the center's notice of voluntary dismissal, the physician who worked at the center to perform abortions "has now determined that he will not be able to resume providing abortion care in West Virginia at this time" and no other physician is available.
"Although these developments have not necessarily rendered this case moot ... Plaintiffs have determined that it is in their best interest and the interests of judicial economy to voluntarily dismiss this case without prejudice at this time," the notice said.
— Contact Charles Boothe at cboothe@bdtonline.com
Contact Charles Boothe at cboothe@bdtonline.com
