West Virginia Gov. Earl Ray Tomblin (D) on Wednesday vetoed a bill (SB 10) that aimed to ban a medically proven method of abortion, the AP/Charlottesville Daily Progress reports (AP/Charlottesville Daily Progress, 3/9).
Bill details
Under the bill, physicians who perform the procedure could lose their medical licenses. The bill would exempt physicians from punishment if they perform the procedure in the case of a medical emergency.
According to Kelly Baden, director of state advocacy for the Center for Reproductive Rights, bans on this method are unconstitutional because they impede private medical decisions. Baden in a prior letter to West Virginia lawmakers noted, "Laws like these are an attack on women's health, personal autonomy, and the doctor-patient relationship, and they have the potential to force physicians to subject women seeking safe and legal abortion services ... to additional invasive and unnecessary procedures" (Women's Health Policy Report, 3/1).
Veto decision
According to the AP/Daily Progress, Tomblin vetoed the legislation over concerns that it would be found unconstitutional. This marks the third consecutive year that Tomblin has vetoed antiabortion-rights legislation over such concerns.
In his veto message, Tomblin wrote, "I am advised that this bill is overbroad and unduly burdens a woman's fundamental constitutional right to privacy."
According to the AP/Daily Progress, the conservative-led state Legislature could override Tomblin's vote with a simple majority vote, which has happened in the past. State Senate President Bill Cole (R) said the Senate would vote to override the latest veto "without delay" (AP/Charlottesville Daily Progress, 3/9).
