Posted on 07/18/2022 10:26:54 AM PDT by Morgana
CHARLESTON, W.Va. -- West Virginia's only abortion clinic was going before a county judge on Monday to ask that an 1800s-era law be thrown out so the facility can immediately resume abortions.
The Women’s Health Center of West Virginia suspended abortion services on June 24, the day the U.S. Supreme Court overturned Roe v. Wade. The state has an abortion ban on the books dating back 150 years that makes performing or obtaining an abortion a felony, punishable by up to a decade in prison. There is an exception for cases in which a pregnant person's life is at risk.
The ACLU of West Virginia has argued on the clinic's behalf that the old law is void because it hasn't been enforced in more than 50 years and has been superseded by a slew of modern laws regulating abortion that acknowledge a woman's right to the procedure. One example is West Virginia's 2015 law, which allows abortions until 20 weeks.
In motions before Kanawha County Circuit Court Judge Tera L. Salango in Charleston, the Women's Health Center's attorneys said abortion services are essential health care, and the state's most vulnerable residents are put at risk every day they don't have access to that care.
Staffers have canceled dozens of abortion appointments, fearing they or their patients could be prosecuted under the old statute. "When it was in effect, the statute was used to criminalize both people who seek and provide abortion care,” the ACLU said.
West Virginia Attorney General Patrick Morrisey, however, says the law is still enforceable. State attorneys countered that the law hasn't been active in decades only because prosecuting people for getting or performing abortions would have been illegal under Roe — but that's no longer the case.
(Excerpt) Read more at abcnews.go.com ...
What could possibly have happened 50 years ago to have stopped their enforcement of this old law?
“What could possibly have happened 50 years ago to have stopped their enforcement of this old law?”
Abuse of discretion
Well, Cupcake, all those laws were probably based on Roe and Roe is gone. So there's that.
I think it was at the same time that the Blue Laws were removed (No shopping on Sunday).
Our abortion death clinic packed up, left the state and moved to Illinois where libtards still allow the slaughter. Good riddance 🤪
If this is still a law...”One example is West Virginia’s 2015 law, which allows abortions until 20 weeks.” then they should be allowed to do abortions until 20 weeks...unless that law states that it’s null and void if Roe v Wade is rescinded.
My understanding from pro-life legal experts is that it doesn’t have to have that explicit proviso. If the law is based upon the right to abortion created by Roe (based on the false premise of a right of privacy established by Griswold v. Connecticut), then that law can be challenged in court. Since Roe was found to be faulty, all laws based on Roe are faulty too and can be voided.
I really wouldn’t be surprised if the county judge decides to “overrule” the Supreme Court.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.