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The last abortion facility in West Virginia has dropped its lawsuit against the state over a pro-life law passed to protect unborn babies’ lives and women’s health.
Like other such pro-life laws, lawmakers provided exceptions if the pregnancy threatens the life of the mother or the pregnancy is the result of rape or incest. The Women’s Health Center of West Virginia dropped the lawsuit because the two people who killed the babies no longer work there.
According to the three-page filing (PDF), “Dr. John Doe” is unavailable to continue killing unborn babies “due to intervening professional obligations.” The other abortionist is also unavailable.
The issue is not moot. The law still exists, and the Women’s Health Center of West Virginia could refile under some new cause of action. Until then, the facility won’t be killing any unborn babies.
Alliance Defending Freedom (ADF) assisted Patrick Morrisey, the state’s attorney general, with defending the law.
Morrisey and ADF attorneys explained to the U.S. District Court for the Southern District of West Virginia, Charleston Division, that West Virginia’s legal statutes are specifically designed to protect women’s health, and that “even under Roe and Casey, an abortion provider had no constitutional right to perform an abortion using his or her preferred methods.”
“This baseless challenge to the state’s pro-life laws never should have been brought in the first place,” ADF senior counsel and director of the ADF Center for Life Denise Harle said. “Abortionists who file lawsuits of this sort frequently do so because they would rather make a profit off of vulnerable women rather than see them have the real health care and resources they need, but that effort here faced serious problems because West Virginia’s law is on solid legal ground.”
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