West Virginia lawmakers pass abortion ban with few exceptions

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CHARLESTON, W.Va. (AP) — West Virginia’s Legislature passed a sweeping abortion ban with few exceptions Tuesday, approving a bill that several members of the Republican supermajority said they hope will make it impossible for the state’s only abortion clinic to continue to offer the procedure.

“It is going to shut down that abortion clinic, of that I feel certain,” Republican Sen. Robert Karnes said on the Senate floor, amid shouts from protesters standing outside the chamber doors. “I believe it’s going to save a lot of babies.”

Under the legislation, rape and incest victims would be able to obtain abortions at up to eight weeks of pregnancy, but only if they report to law enforcement first. Such victims who are minors would have until 14 weeks to terminate a pregnancy and must report to either law enforcement or a physician.

Rape and incest victims would have to report the assault within 48 hours of getting an abortion, and a patient must present a copy of a police report or notarized letter to a physician before the procedure can be performed.

Abortions also would be allowed in cases of medical emergencies.

West Virginia joins the ranks of states moving to ban abortion in the aftermath of the U.S. Supreme Court’s decision earlier this year to overturn Roe v. Wade. That left it to states to decide whether abortion should remain legal, which in turn has ignited intense state-level debates about when to impose the ban, whether to carve out exceptions in cases involving rape, incest or the health of the woman giving birth, and how those exceptions should be implemented.

The West Virginia bill now heads to the desk of Republican Gov. Jim Justice, who has signed several anti-abortion bills into law since taking office in 2017. 

Both the Senate and the House of Delegates speedily approved the bill, after several hours of debate. 

Pregnant people who obtain illegal abortions will not face any form of prosecution under the bill.