Tag: Abortions

House Judiciary Passes Dismemberment-Abortion Ban

A Senate bill that would ban elective dismemberment abortions in the state is now making its way through the House. The bill was the subject of a public hearing Monday and passed through the House Health Committee before being taken up by the Judiciary Committee Wednesday.

Senate Bill 10, as approved in the Senate last week, would ban what are commonly referred to as dismemberment abortions or dilation and evacuation abortions, D&E. The ban would not apply in cases of medical emergencies.

Physicians have testified before lawmakers that the method is the safest option, but Delegate Joe Ellington, the House Health Committee Chair and a practicing OBGYN, says there are other procedures that can ensure the death of the fetus before D&E takes place, like injections to stop the heart. Under this bill, those procedures would still be allowed.

Delegate Barbara Evans Fleischauer is a Democrat from Monongalia County. She spoke against the bill.

“This is an emotional topic, and I understand we have differing views, but there’s one thing we all took an oath to uphold and that is the constitution, and I don’t think we have the right to pick and choose which parts of the constitution we’re going to obey,” she said.

The House Judiciary Committee passed Senate Bill 10. It now goes to the House floor for consideration.

Appalachia Health News is a project of West Virginia Public Broadcasting, with support from the Benedum Foundation.

House Begins Discussion Over Abortion Bill

The House of Delegates is just beginning its work on a bill that would ban one of the nation’s most commonly used second-trimester abortion methods.

As approved in the Senate, Senate Bill 10 would ban what are commonly referred to as dismemberment abortions. That ban is only when the abortion is elective, not in cases of medical emergencies. Discussion over the bill began with a public hearing Monday morning.

Senate Bill 10 would ban what are medically known as dilation and evacuation abortions in West Virginia. While physicians say D&E abortions are common across the country, testimony given before the state Senate said those abortions is actually rare in West Virginia. Physicians also testified it is one of the safest abortion options.

But during a public hearing on the bill Monday morning, 5 people spoke in favor of banning the practice, calling the technique gruesome. 

Senate Bill 10 requires doctors performing these types of abortions euthanize the fetus before dismemberment. Delegate Joe Ellington is the House’s Health Committee Chair, and he’s also a practicing OBGYN.

“There’s pros and cons to both sides of it,” Ellington said, “One part is terminating a fetus that’s alive before it is extracted by the procedure that the sponsors are trying to eliminate. It does affect the standard of care that’s currently in place with the medical profession. From an obstetrician’s standpoint, I’m going to have to balance that with what the proponents are willing to try to do.”

Members of the House Health Committee could take up Senate Bill 10 as soon as Tuesday.

Appalachia Health News is a project of West Virginia Public Broadcasting, with support from the Benedum Foundation.

Tomblin: "I Will Veto Abortion Bill Again"

Governor Tomblin released a statement Thursday discouraging lawmakers from calling themselves into a special session to take up previously vetoed abortion legislation.

House Bill 4588 would have created a statewide ban of abortions after 20 weeks. Both the House and Senate passed the bill, but Tomblin vetoed the legislation calling it unconstitutional. Several courts in other states have knocked down similar bans.

“Should members of the Legislature take the same action again, I will again veto the bill,” Tomblin said in a release.

“I am proud of my pro-life record, and I would be happy to work with members of the Legislature during the 2015 regular session to pass a bill that is constitutional.”

The message comes after lawmakers reported West Virginians for Life was passing around a standard letter for lawmakers to sign petitioning themselves back into session to take up the issue.

Kanawha County Republican Delegate Patrick Lane said Wednesday the three-fifths threshold had been met in the Senate and was close to being met in the House. If that threshold is reached, Tomblin is constitutionally required to call lawmakers back into session.

House Speaker Tim Miley also commented on the matter, stating that, while he voted in favor of the bill, questions regarding its constitutionality remain.  

“I understand there must be a great deal of disappointment by any special interest group when its bill is vetoed, but I am troubled by the demand that the Legislature be called back into a special session, at taxpayer expense, to revisit the very same legislation that appears to be legally flawed,” said Miley in the statement issued Thursday afternoon.  

“I don’t believe West Virginia taxpayers will understand why lawmakers would be so eager to quickly return to Charleston at great expense to attempt to pass legislation destined for a long legal battle and a very uncertain future.”

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