West Virginia Revives 170 Year-Old Abortion Laws

Country rooooooads, take me hoooooooome…to West Virginia, where all life is valued!

The Mountain State’s Republican Attorney General, Patrick Morrisey, released a statement on June 29 detailing his continued commitment to saving the lives of babies by reinstating a 170-year-old law protecting them, according to Life Site News.

Although the law was created in 1849 it was not yet published. Roe V. Wade established a federally guaranteed “right” to abortion. However, the new legislation has changed. Dobbs decision overturned that 1973 ruling, the law can be re-enacted. 

“Enacted in 1849 and never repealed since,” anyone who administers or performs an abortion with the intent to destroy a child “commits a felony punishable by three to ten years in prison,” the rule states.

“The statute covers persons who perform abortions and, at least arguably, women who seek them,” Morrisey added.

The bill also states that anyone who knowingly performs a partial-birth abortion would be punished with a fine and up to two years in prison, and “would also require the prosecution of abortionists if a woman dies as a result of the abortion procedure,” Life Site pointed out.

Morrisey’s review indicated that the 1849 law is on the books and enforceable as “are many other abortion-related statutes.” Morrisey’s office also confirmed that the plan is to amend the laws in WV and provide “clear prohibitions on abortion that are consistent with Dobbs.”

Morsey says that for clarity, it will take several legislative sessions.

One of the most important areas of legislative sessions is to specify the crimes that will be prosecuted and determine whether a woman should face criminal charges; determine the nature of exceptions; address how the Legislature could define the scope and application of medical practices related to the restriction or elimination of the use abortifacients. Develop a stronger enforcement regime in order to ensure laws are consistently applied across all counties. Use civil tools to discourage lawbreakers. Evaluate the need for any additional modifications in law concerning reporting or other matters

At the moment, West Virginia’s only abortion clinic claimed it would “stop procedures immediately” in fear of prosecution and canceled abortion clinics, saying the closure is “absolutely a travesty” to staffers who want to help women terminate the lives of their innocent babies.

We are sorry, gals. Find a job. 

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