First Override of Governor Veto in 29 Years
The historic events continue for the West Virginia Legislature this session as the House and Senate overrode the Governor’s veto on the Pain-Capable Unborn Child Protection Act.
On March 2nd, Governor Tomblin vetoed House Bill 2568, prohibiting all abortions past 20 weeks post fertilization except in cases of medical emergencies. Like his actions on an identical bill last legislative session, the Governor vetoed the bill on the advice of his counsel who believed it to be unconstitutional.
When the House received communication of the veto, they chose to utilize state law that allows a simple majority during a legislative session to override the governor’s decision regarding most legislation. A veto regarding a budget bill requires 2/3 of each chamber to override a veto. The House voted 77 to 16 in favor of the passage of the bill, marking the first legislative override since 1987 when the Legislature overrode former Governor Arch Moore’s veto of the budget.
The Senate followed suit, voting 27 to 5 in favor of the bill, ensuring that the Pain-Capable Act become law.
Senate Majority Leader, Senator Mitch Carmichael (R-Jackson) was content with the body’s decision to pass the bill, as he felt the advancement was much needed.
“This issue is core to our Legislature’s moral values, and for that reason, we acted to override the Governor’s veto,” said Carmichael. “The lives of unborn children need to be protected, and for that reason, this bill needed to be advanced.”
Delegate Kelli Sobonya (R- Cabell), lead sponsor of the bill, has worked diligently to push the Pain-Capable legislation during the session. She was pleased to see that the Senate concurred with the House on the issue.
“This bill is about having compassion for the unborn who feel pain during an abortion,” said Sobonya. “I’m happy to see that the Senate did their part and passed this much-needed, humane bill.”
While the fate of the law may lie within the judicial branch, Senator Carmichael believes that passing the bill was a necessity of the Legislature.
“If this decision is challenged in the court, then so be it,” said Carmichael. “Until then, we are taking our stand protecting the lives of the unborn.”
The Pain-Capable Unborn Child Protection Act will take effect 90 days from passage.
The full text of the bill and bill history can be viewed on the Legislature’s website at: House Bill 2568
