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CHARLESTON, W.Va. (AP) — Gov. Earl Ray Tomblin has vetoed a bill to ban abortion 20 weeks after conception for the second straight year, saying it's unconstitutional.
Despite the Democrat's disapproval, there's little doubt the Republican-led Legislature will override his decision and cement the ban into law themselves.
Republican Attorney General Patrick Morrisey has already pledged to defend the ban in court, should it face a challenge.
In a statement after Tuesday's veto, Tomblin said he urged lawmakers to consider a compromise this year, and that didn't happen.
"Having received a substantially similar bill to the one vetoed last year on constitutional grounds, I must veto House Bill 2568," Tomblin said.
House Speaker Tim Armstead, R-Kanawha, said he thinks the bill is constitutional and confirmed that his chamber will try to override the veto. It takes a simple majority of lawmakers to override vetoes on policy bills.
Morrisey said he agreed that lawmakers should move to override the veto.
"It is long-past time that limits are placed on abortions in West Virginia," Morrisey said in a statement Tuesday.
The Republican Legislature passed the ban overwhelmingly this year. Last year, Democratic leadership cleared a similar bill.
This year's version provides some exemptions for women in medical emergencies but not for rape and incest.
Abortions would still be prohibited when women have psychological conditions that could lead them to hurt or kill themselves.
Even for abortions that would be exempted, the bill requires doctors to terminate pregnancies in a way that gives "the best opportunity for the fetus to survive," unless the process would kill or irreparably harm the mother.
The bill is based on the assertion that fetuses can feel pain at 20 weeks, which is disputed in medical research.
Proponents have cited moral grounds. Opponents say it's unconstitutional and intrusive into doctor-patient relationships.
Both bills resemble a law struck down in Arizona in 2013 that the U.S. Supreme Court later decided not to reconsider.
Ten states have some version of a 20-week ban, according to the abortion rights nonprofit Guttmacher Institute.
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