West Virginia lawmakers override governor's abortion bill veto

West Virginia’s state legislature successfully voted Friday to override Gov. Earl Tomblin’s veto of a fetal pain bill passed in February. Starting May 26, abortion will be illegal in the state after 20 weeks gestation.

The bill passed in the Republican-controlled legislature by an overwhelming majority, and the override vote passed by similar margins: 77-16 in the House and 27-5 in the Senate. The bill also received bipartisan support from two-thirds of Democratic legislators, according to West Virginians for Life (WVFL).

The successful override makes West Virginia the 11th state to pass fetal pain legislation. Lawmakers in South Carolina and Wisconsin also are working to pass similar bills.

Tomblin, a Democrat, cited concerns about constitutionality when he vetoed the legislation March 3. Last year, he vetoed a similar fetal pain bill for the same reason but waited until after the legislative session ended, eliminating the opportunity for an override vote.

“The overwhelming override of the governor's veto reflects the will of pro-life West Virginians who worked so hard to elect legislators who will stand for life,” said Karen Cross, political liaison for WVFL. “We are thankful that the legislature took up the mantle of protecting the most innocent and defenseless when we were failed by Governor Tomblin. Today, West Virginia is a safer place for pain-capable unborn children and a better place for all those who value human life.”

Fetal pain bills have also passed in 10 other states, and only two are currently facing challenges in court. None have appeared before the U.S. Supreme Court for a constitutionality determination, National Right to Life Committee (NRLC) attorney Jennifer Popik told West Virginia lawmakers earlier in the legislative session.

States have a “compelling interest” to protect the unborn, especially those who can feel pain, said Mary Spaulding Balch, director of state legislation for NRLC.

“Medical science provides substantial compelling evidence that unborn children flinch away from painful stimuli, that their stress hormones increase when they are subjected to anything painful, and that they require anesthesia for fetal surgery,” she said.