Judge blocks enforcement of West Virginia abortion ban

[Eugene]

Source: Associated Press

CHARLESTON, W.Va. (AP) — A judge in West Virginia’s capital blocked enforcement of the state’s 150-year-old abortion ban on Monday, opening the door for abortions to resume in the state, at least for now.

Kanawha County Circuit Court Judge Tera L. Salango granted the Women’s Health Center of West Virginia a preliminary injunction against the 1800s-era ban, saying that in the absence of action by the court, the state’s sole abortion clinic and its patients, “especially those who are impregnated as a result of a rape or incest, are suffering irreparable harm.”

Attorney General Patrick Morrisey decried the ruling, calling it “a dark day for West Virginia.” He said his office will appeal the decision to the state Supreme Court.

West Virginia has a state law on the books dating back to the 1800s making performing or obtaining an abortion a felony, punishable by up to a decade in prison. It provides an exception for cases in which a pregnant person’s life is at risk.

-snip-

By LEAH WILLINGHAM
44 minutes ago


Read more: https://apnews.com/article/abortion-health-west-virginia-charleston-government-and-politics-eccf3ac01cea7d51ea6dac5792520a48

[LiberalFighter]

1. If the law was unconstitutional and they didn't remove it...

It should be considered as if it wasn't in the statute.

[James48]

5. That's not how it would risk.

Many states leave laws on the books, even through the Courts find sections unconstitutional. My state, Michigan, is the same way. We also have a 1931 abortion law still in the books after Roe, that is now in temporary hold while courts schedule hearings on whether it can be enforced. I believe it will just be a short time hold until the hearings are held, and a judge can rule.

It takes actual legislation to repeal a law. That’s why we in Michigan are doing a petition to put a change to our state constitution on the November ballot. It could end up going either way at the ballot box.

[barbtries]

2. I could have sworn

that these people don't consider women "people" so that exception can probably be easily forgotten. and damn he's so upset that he doesn't get to unleash this cruelty.

[peppertree]

3. Until the Gilead Council (a.k.a. SCROTUS) overturns it, of course

"Irreparable, shreparable - this is getting in the way of our fascist agenda!"

[Polybius]

6. It won't get that far, as it will be struck down long before then

I hate it but Dobbs is the law of the land, so states are free to ban abortion if they so choose (unless their state constitution conflicts with it).

[ShazzieB]

4. Well, this will at least buy some time for that clinic and its patients.

I don't expect this to stand indefinitely, but I applaud Judge Salango's actions!