CHARLESTON, W.Va. (AP) - A judge in West Virginia’s capital blocked enforcement of the state’s 150-year-old abortion ban Monday, opening the door for abortions to resume in the state, at least for now.Kanawha County Circuit Court Judge Tera L.
Salango granted the Women’s Health Center of West Virginia a preliminary injunction against the 1800s-era ban, saying that in the absence of action by the court, the state's sole abortion clinic and its patients, "especially those who are impregnated as a result of a rape or incest, are suffering irreparable harm."Attorney General Patrick Morrisey decried the ruling, calling it "a dark day for West Virginia." He said his office will appeal the decision to the state Supreme Court.West Virginia has a state law on the books dating back to the 1800s making performing or obtaining an abortion a felony, punishable by up to a decade in prison.
It provides an exception for cases in which a pregnant person’s life is at risk.Lawyers for the Women's Health Center — the state's only abortion clinic — argued that the old law is void because it has not been enforced in more than 50 years and has been superseded by a slew of modern laws regulating abortion that acknowledge a woman’s right to the procedure.