Following last week’s decision by the Supreme Court to overturn Roe v. Wade, medical providers and advocates have filed a lawsuit in West Virginia to prevent enforcement of an 1882 state code that criminalizes abortion. Under the statute, convictions can lead to prison sentences of up to 10 years.
The Kanawha County Circuit Court saw the lawsuit filed Wednesday by the American Civil Liberties Union, the ACLU of West Virginia, Mountain State Justice and the Cooley law firm for the Women’s Health Center of West Virginia, according to a news release from the ACLU.
The news release said the lawsuit argues the criminal abortion statute should be voided as legislators have since passed other laws dealing with regulations of legal abortions. A “repeal by implication” doctrine suggests that old laws are annulled after newer, conflicting laws are passed.
“We will not stand by while this state is dragged back to the 1800s,” ACLU-WV legal director Loree Stark said in a news release. “Every day that uncertainty remains about the enforceability of this statute is another day that West Virginians are being denied critical, lifesaving healthcare. That’s why we are asking the court to make it clear this law cannot be enforced.”
The Women’s Health Center of West Virginia served as the only abortion clinic in the state and has halted procedures for the time being.