WV Republican Legislation Overrides Democrat Governor’s Veto on Abortion Law

The newly elected Republican legislature in West Virginia (WV) recently flexed its muscles by overriding Democratic Gov. Earl Ray Tomblin veto of an abortion law that would ban the practice after 20-weeks.  In short, late-term abortion is now banned in WV.  The ban provides some exemptions for women in medical emergencies, but not for rape and incest.

The bill is based on the assertion that fetuses can feel pain at 20-weeks, which is disputed in medical research.  Opponents say it’s unconstitutional and intrusive into doctor-patient relationships.  Ten other states ban abortions after 20-weeks.

The WV law resembles one that was struck down in Arizona in 2013.  The U.S. Supreme Court (SCOTUS) decided not to reconsider that case.

WV is one of the few states in the country where a simple majority is needed to override a veto.  Gov. Tomblin, who touts himself as pro-life, vetoed the legislation due to constitutional concerns, but even Democrats in the legislature supported the bill.

Despite what abortion advocates may say about 20-week bans, they’re popular … especially amongst American women.  In a 2013 Washington Post/ABC News poll, 60% of women supported the measure (56% amongst all adults).  Polling also showed that there was immense support for more restrictions on abortion as well.  In fact, of four major polls conducted in recent weeks on the 20-week abortion ban, each one show women are actually more supportive of the law than men.  A new Quinnipiac poll shows 60% of women prefer allowing unrestricted abortions for only the first 20-weeks of pregnancy rather than the SCOTUS-prescribed 24-weeks.  Among men, 50% support the 20-week law … a 10-point gap.  Two other polls (from NBC/Wall Street Journal and National Journal) showed the gap at six and four points, respectively.  And those numbers may actually understate support among women for the new restrictions.

In the Washington Post/ABC News poll, rather than choosing between a 20-week ban and the current 24-weeks, 8% of women volunteered that abortion should never be legal, and 3% volunteered that the window should be smaller than 20-weeks.  If you add them to the 60% of women who support the 20-week abortion ban, then 71% of women would seem to support the effort to increase abortion restrictions.

Rev. Dr. Kenneth L. Beale, Jr.

Chaplain (Colonel-Ret), U.S. Army

Pastor, Ft. Snelling Memorial Chapel