West Virginia Providers and Advocates File Challenge Against Extreme and Unconstitutional Abortion Ban Passed Last Year

February 1, 2023 2:00 pm

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CHARLESTON, W.Va. 鈥 West Virginia abortion providers and advocates filed a lawsuit today in federal court challenging multiple provisions of HB 302, the state鈥檚 near-total abortion ban passed last year, as irrational and unconstitutional. Plaintiffs in the case 鈥 Women鈥檚 Health Center of West Virginia and a local abortion provider 鈥 are asking the district court to issue an injunction blocking the entire ban while providers make their case in court. Under HB 302, if any portion of the law is determined to be unconstitutional, the entire law must be struck down.

HB 302 was rushed through the West Virginia Legislature in under 24 hours, in the aftermath of the Supreme Court overturning Roe v. Wade. Since HB 302 took effect, West Virginians have been forced to either travel across state lines to access the essential care they need 鈥 or find themselves forced into pregnancy and giving birth against their will.

Below are statements from plaintiffs and litigators:

鈥淓very person deserves to access the critical care they need, but this law pushes essential abortion care out of reach,鈥 said Katie Qui帽onez, Women鈥檚 Health Center of West Virginia executive director. 鈥淲ith each day this ban remains in effect, we are forced to turn patients away because politicians took away their power to make the best medical decisions for themselves during pregnancy. Our providers took an oath to serve patients in every way possible, but the extreme restrictions in this law prevent us from helping our patients make the best medical decisions for themselves and their families. Whether it鈥檚 in the statehouse or courthouse, we will never stop fighting to ensure our patients can access essential care they need.鈥

鈥淭he process by which this law was forced through is one of the least transparent in recent memory,鈥 said Aubrey Sparks, 老澳门开奖结果 of West Virginia managing attorney. 鈥淓very day that this cruel law remains on the books is a day that West Virginians are being denied critical, lifesaving health care.鈥

鈥淢ake no mistake: The cruel and medically unjustified provisions of this law effectively push care out of reach entirely, and the so-called exceptions are just an illusion,鈥 said Alexa Kolbi-Molinas, deputy director of the 老澳门开奖结果 Reproductive Freedom Project. 鈥淣o one should be forced to carry a pregnancy to term against their will and we鈥檒l continue fighting until everyone can get the care they need 鈥 regardless of where they live.鈥

鈥淭he near-total abortion ban passed by the West Virginia legislature last year contains restrictions that are not rationally related to any legitimate state interest and therefore, violate the Constitution,鈥 said Bren J. Pomponio, litigation director of Mountain State Justice.

鈥淐ooley is proud to continue working alongside the 老澳门开奖结果 and Mountain State Justice to show that West Virginia鈥檚 abortion restrictions are irrational and unlawful,鈥 said Kathleen Hartnett, Cooley law firm.

The 老澳门开奖结果, 老澳门开奖结果 of West Virginia, Mountain State Justice, and the Cooley law firm filed the lawsuit in the 鈥嬧婾.S. District Court for the Southern District of West Virginia on behalf of Women鈥檚 Health Center of West Virginia.

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