The regulation is “inflicting irreparable hurt” on individuals within the state who’re looking for abortion companies.
An abortion clinic in West Virginia is suing the state medical board over an anti-abortion invoice, handed into regulation final fall, that bans the process in almost each circumstance.
Ladies’s Well being Heart of West Virginia, together with its head doctor (whose title is listed as John Doe within the lawsuit) describes a number of elements of the regulation as “irrational,” including that the regulation unconstitutionally restricts individuals’s proper to make choices about their very own reproductive well being.
“Each particular person deserves to entry the important care they want, however this regulation pushes important abortion care out of attain,” Katie Quiñonez, Ladies’s Well being Heart of West Virginia government director, said in a statement. “With every day this ban stays in impact, we’re compelled to show sufferers away as a result of politicians took away their energy to make the very best medical choices for themselves throughout being pregnant.”
Alexa Kolbi-Molinas, deputy director of the ACLU Reproductive Freedom Challenge, which is aiding the clinic and the physician within the lawsuit, additionally condemned the regulation.
“The merciless and medically unjustified provisions of this regulation successfully push care out of attain fully, and the so-called exceptions are simply an phantasm. Nobody must be compelled to hold a being pregnant to time period towards their will and we’ll proceed combating till everybody can get the care they want — no matter the place they dwell,” Kolbi-Molinas said.
The West Virginia regulation, which was handed shortly after the federal Supreme Court docket overturned Roe v. Wade final summer season, bans abortion at all stages of pregnancy, solely permitting exceptions for rape or incest, or to avoid wasting the lifetime of a pregnant particular person.
If an individual turns into pregnant because of rape, they have to receive an abortion inside eight weeks, a timeframe wherein many individuals could not even remember they’re pregnant. They’re additionally required to alert police to their sexual assault earlier than they will get an abortion. The regulation solely permits kids who’re victims of rape to get an abortion inside 14 weeks of turning into pregnant.
The regulation additionally requires abortions to be carried out in a hospital or by a health care provider who has hospital admitting privileges, which has by no means been required by the state at any level in historical past, both earlier than or after Roe, the lawsuit says.
“At no level did the Legislature think about or obtain any testimony or proof linking the Hospitalization or Privileges Necessities to any official curiosity within the well being or security of abortion sufferers,” the lawsuit states, noting that one lawmaker even “acknowledged their function was to ‘shut down’ [the clinic] as the one remaining supplier of abortion companies within the state.”
The well being clinic is asking for courts to dam the regulation and for a right away injunction on the regulation’s enforcement whereas the end result of the lawsuit is being decided.
The regulation is “inflicting irreparable hurt on the power of [Women’s Health Center of West Virginia] to satisfy its skilled mission and function to offer reproductive well being care that respects sufferers’ selections, together with the choice to not proceed a being pregnant to time period,” the lawsuit adds.