Judge says the state’s sole abortion clinic and its patients ‘are suffering irreparable harm’
blocked enforcement of the state’s 150-year-old abortion ban on Monday, opening the door for abortions to resume in the state.
Lawyers for the Women’s Health Center – the state’s only abortion clinic – argued that the old law was void because it has not been enforced in more than 50 years and has been superseded by modern laws regulating abortion that acknowledge a woman’s right to the procedure.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.
“Perhaps when it was drafted, that legislation was sufficient. However, in today’s world, it is simply too vague to be applied.” Morrisey, however, argued that the law was still enforceable. State attorneys claimed the law has not 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.
“It is counter-historical to say that the legislature intended less protection for unborn life if Roe was overruled than if Roe never existed,” they said.
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