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U.S. Supreme Court Ruling Re Interstate Commerce Speaks to WV Genbiopro Case

(Wednesday, March, 24, 2023, Press Release)

 A law in California prohibits the sale of pork meat that is sourced from pigs that are “confined in a cruel manner.” The National Pork Producers Council sued, and the case went to the U.S. Supreme Court. In early May, the Court upheld the California law. “A six-justice majority held…that the law didn’t violate the commerce clause, because it didn’t unduly burden interstate commerce or discriminate against out-of-state pork producers.”1 

How might this affect a pro-life case in West Virginia? 

West Virginia has banned almost all abortions. This means that, except in rare cases, the abortion drug mifepristone is not allowed to be sold in the state for the purpose of inducing abortions. GenBioPro Inc. makes a generic version of the drug. The company is suing the state of West Virginia, claiming that the state’s law violates a commerce clause by interfering with interstate sales of its product. 

This month’s SCOTUS decision gave West Virginia’s pro-life lawyers a solid foothold in their assertion that the state’s law does not violate GenBioPro’s rights. States are allowed to ban items that are legal in other states (e.g., fireworks, plastic grocery bags, etc.). Even so, West Virginia has not banned mifepristone. Its legality is unchanged for circumstances that do not involve an unborn child. Neither is it banned as an abortifacient; rather, its use has been limited to the first eight weeks of pregnancies that resulted from sexual assault. 

GenBioPro has asserted that the recent SCOTUS decision is not applicable to their case. But their argument rests on a gossamer claim that the pro-life community has repeatedly refuted: Namely, that abortion should be classified as “healthcare.” The reality is that abortion does not care for the health of the unborn child, and it does cause substantive risks for the mother.2,3 Nor do abortion laws interfere with genuine healthcare for mothers in circumstances such as miscarriage and ectopic pregnancy.3 

“The pro-life community in West Virginia is hopeful that the recent SCOTUS ruling creates a precedent that will help uphold a legitimate state law that protects the safety of its residents,” said WVFL Program Director Alicia Martin. 

End Notes 

1 Pazanowski, Mary Anne, Top Court’s Pork-Producer Ruling Could Affect Abortion-Pill Suit, May 22, 2023, https://news.bloomberglaw.com/health-law-and-business/genbiopro-west-virginia-address-top-court-commerce-clause-case. 

2 Risk After Abortion Data, https://www.wvforlife.org/publications-current/, chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.wvforlife.org/wp-content/uploads/sites/5/2022/12/Risk-After-Abortion.pdf. 

3 Reardon, Dr. David C., The Embrace of the Proabortion Turnaway Study: Wishful Thinking? or Willful Deceptions? The Linacre Quarterly, 2018, Vol. 85(3) 204-212, Catholic Medical Association 2018, https://www.ncbi.nlm.nih.gov/pmc/articles/PMC6161227/. 

4 The American Association of Pro-Life Obstetricians and Gynecologists (AAPLOG.org), see statements and information at https://www.AbortionIsNot.com. 

West Virginians for Life, the state affiliate of the National Right to Life Committee, is the state’s largest pro-life group with more than 25 local pro-life chapters. West Virginians for Life works through education, legislation, and political action to protect those threatened by abortion, infanticide, and euthanasia.

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90% OF PRO-LIFE ENDORSED CANDIDATES WIN IN WEST VIRGINIA

(Tuesday, November, 2022 Press Release)

The most exciting race of the November 8 election was the 13th Senatorial District nailbiter between the winner, former Senator Mike Oliverio, and Delegate Barbara Fleischauer, with only a 162-vote difference. She has never cast a pro-life vote in over two decades. With that win, candidates endorsed by the West Virginians for Life Political Action Committee (WVL-PAC) won in all 17 senate races. 

Endorsed pro-life incumbents U.S. Representatives Carol Miller (First District) and Alex Mooney (Second District) handily won reelection on Tuesday, November 8, with 67% and 65% of the vote respectively. 

In the 94 House of Delegates races where the WVL-PAC made endorsements, there were 83 wins. 

All in all, the rate of success of candidates endorsed by West Virginians for Life was an unprecedented 90%. 

According to Wanda Franz, Ph.D., president of WVL-PAC, “We are very happy about the success of the many candidates we endorsed. The vote confirms the recent poll (Triton Polling, 10/18/22) that West Virginians are pro-life, and they want their legislators to represent their pro-life values.” 

WVFL Legislative Director Sadie Keaton said, “The people of West Virginia spoke loud and clear on their pro-life values when they voted in a pro-life super majority in both the House and Senate. This is an exciting time. Now that The Unborn Child Protection Act (HB 302) has been passed and West Virginia has freed itself from the grip of the abortion industry, the legislature can focus on passing laws that create a culture of life that more accurately reflects the values of the people of West Virginia.” 

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After Nearly Fifty Years, West Virginia Legislature Protects the Unborn and Their Mothers

(Tuesday, September 13, 2022 Press Release)

On September 13, 2022, both the Senate (22-7) and the House (78-17) voted to PASS HB302, the bill to clarify West Virginia’s abortion laws. The vast majority of unborn babies and their mothers in West Virginia will now be protected from the horror of abortion.

“The Supreme Court’s Dobbs decision returned abortion law to the people’s representatives in the state legislatures where it belongs,” stated West Virginians for Life (WVFL) President Wanda Franz. “Today the WV Legislature has passed a bill that will save thousands of babies’ lives here in WV. WVFL thanks the pro-life legislators who support protection for all human life.”

For background, as a result of Dobbs, abortion law in WV was once again governed by an 1848 law. Thus, by the end of June 2022, abortion was prohibited in the state. Abortion advocates immediately filed a suit on behalf of the Women’s Health Center of West Virginia, to which Attorney General Morrisey responded with a strong pro-life stand. His office sought to ensure that abortion would remain illegal in WV before the case was decided. In the days that followed, Governor Justice added abortion to a special session in July, which ended in the House not concurring with the Senate vote because the two versions of the bill were incompatible. A special session devoted to creating a compatible version occurred this week.

“For years, the people of West Virginia have fought tirelessly in defense of the unborn. Today we see our effort turned into life-saving law,” said Legislative Director Sadie Shields.

WVFL looks forward to joining Governor Jim Justice when he signs the bill into law.

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National Right to Life in Conjuction with Affilate West Virginians for Life Praises the Supreme Court’s Decision in Dobbs v. Jackson Todays Ruling Overturns High Court’s 1973 Roe v. Wade Decision

(June 24th Press Release)

WASHINGTON — The National Right to Life Committee (NRLC), the federation of right-to-life affiliates in each of the 50 states and the District of Columbia, praised the U.S. Supreme Court’s decision in Dobbs v. Jackson overturning its 1973 Roe v. Wade decision. Today’s decision returns the abortion issue to Congress and the state legislatures.

“This is a great day for preborn children and their mothers. The Court has correctly decided that a right to abortion is not in the constitution, thereby allowing the people, through their elected representatives, to have a voice in this very important decision,” said Carol Tobias, president of National Right to Life (NRLC).

“We are thrilled with the decision rendered by the Supreme Court today,” said Dr. Wanda Franz, president of West Virginians for Life. She added, “We are so happy to be able to live in a country that is no longer damaged by the legalized killing of our most vulnerable members.”

In the majority opinion, written by Justice Samuel Alito, the High Court noted:

Roe was egregiously wrong from the start. Its reasoning was exceptionally weak, and the decision has had damaging consequences. And far from bringing about a national settlement of the abortion issue, Roe and Casey have enflamed debate and deepened division. It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives.

The decision was due to the justices who chose the Constitution over political pressure and who rightly concluded that there was nothing in the Constitution that would prevent the people’s elected representatives in the states from protecting the lives of unborn children. National Right to Life is deeply grateful for the work of millions of pro-life citizens—the 3,000 chapters and 51 affiliates of National Right to Life who have carried the pro-life message into every nook, cranny and corner of America for decades.

National Right to Life will have a more thorough analysis of the decision available later today.

Founded in 1968, the National Right to Life Committee (NRLC), the federation of affiliates in each of the 50 states and the District of Columbia and more than 3,000 local chapters, is the nation’s oldest and largest grassroots pro-life organization. Recognized as the flagship of the pro-life movement, National Right to Life works through legislation and education to protect innocent human life from abortion, infanticide, assisted suicide and euthanasia.

West Virginians for Life, the state affiliate of the National Right to Life Committee, is the state’s largest pro-life group with more than 30 local pro-life chapters. West Virginians for Life works through education, legislation, and political action to protect those threatened by abortion, infanticide, and euthanasia.

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PRO-LIFE CANDIDATES FARE WELL IN WV PRIMARY

(May 11th Press Release)

Incumbent Representative Carol Miller handily won renomination in the newly redistricted Congressional District 1 with 66% of the vote on Tuesday, May 10, in the West Virginia Primary. Two Congressional incumbents in David McKinley and Alex Mooney squared off against each other in the new Congressional District 2. Both were endorsed, but Mooney came out on top by a margin of 54-36%. “Congressman McKinley was instrumental in the passing of numerous pieces of pro-life legislation over his years in office, both on the state and national fronts,” said WVFL Political Liaison Karen Cross. “Many lives have been saved because of his steadfast commitment to the unborn. Well done, good and faithful servant.”

Of the 18 Senate races in which the West Virginians for Life Political Action Committee (WVL-PAC) made endorsements, only two races were lost, but one of the two winners, Jason Barrett in S16, is pro-life.

In 97 House of Delegates races where the WVL-PAC made endorsements, there were 13 losses, and yet, ten of those 13 winning nominees are pro-life. WVFL thanks the following incumbents for their past pro-life support who will not be returning to the House in 2023: Roger Conley (H11), Shannon Kimes (H 14), Johnnie Wamsley (H18), Chad Lovejoy (H27), Josh Booth (H28), Dianna Graves (H59), Danny Hamrick (H69), Guy Ward (H74), and Ruth Rowan (H89).

All in all, the rate of success of candidates endorsed by West Virginians for Life was 87%.

The following quote can be attributed to Wanda Franz, Ph.D., President of West Virginians for Life PAC: “WVL-PAC is pleased with the election results overall. The PAC works to support pro-life candidates from both parties. The overwhelming pro-life successes in this election are, in part, due to voters’ desire to elect legislators at both the federal and state levels, who reflect their values regarding the dignity of each human life. West Virginians for Life looks forward to seeing increased support for pro-life candidates in the general election in November.”

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WEST VIRGINIANS FOR LIFE ON LEAKED SUPREME COURT DOCUMENT

(May 5th Press Release)

West Virginians for Life (WVFL) joins with those who recognize the leak of the Supreme Court Opinion overruling Roe v. Wade as one of the greatest scandals to ever affect the nation’s highest court. The document published by Politico appears to be authentic and constitutes an unprecedented betrayal of the trust required for the court to function.

The draft opinion was written in February by Justice Samuel Alito and states: “It is time to heed the Constitution and return the issue of abortion to the people’s elected representatives.” WVFL agrees with this determination; however, this may not be the final wording of the Supreme Court Opinion in Dobbs v. Jackson Women’s Health Organization.We must wait until the final draft is released later this summer.

The leak of the draft opinion appears to be an effort to rouse the public to express opposition to the apparent effort to overturn Roe v. Wade in order to intimidate Justices to change their votes on the issue. We agree with Alito’s statement in the leaked document: “… we cannot allow our decisions to be affected by the extraneous influences such as concern about the public’s reaction to our work.”

WVFL will wait for the final opinion to be issued by the Court.

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PRO-LIFE BILL (S.B. 468) PASSES WV SENATE 27-5

(March 13th Press Release)

With just five minutes left in the regular 60-day session, the Unborn Child with Down Syndrome Protection and Education Act (SB 468), a bill supported by West Virginians for Life (WVFL), successfully passed in the West Virginia Senate by a bipartisan 27-5 vote after an 81-17 vote in the House of Delegates earlier in the day. The bill will protect unborn babies from being aborted due to a diagnosis of a disability and will require doctors to provide educational materials and information on the support systems available to families raising children with disabilities.

Lead Sponsor was Senator Patricia Rucker with cosponsors Senators Mike Azinger, Donna Boley, Charlie Clements, Amy Nichole Grady, Robert Karnes, Mike Maroney, Mark Maynard, Rupie Phillips, Rollan Roberts, Randy Smith, David Stover, Dave Sypolt, Eric Tarr, Jack Woodrum, and Patrick Martin. House Lead Sponsor of companion bill HB 4337 was Delegate Kayla Kessinger.

“Killing an unborn child because of a disability is an extreme form of discrimination against people with disabilities,” said West Virginians for Life Political Liaison Karen Cross. “I’m so proud of the West Virginia Legislature for protecting these vulnerable babies with disabilities from abortion.”

A Marist Poll (January 2021) showed that of the 1,173 adults surveyed, 70% “oppose abortion due to the expectation a child will be born with Down syndrome.”

After the victory, National Right to Life (NRLC) State Legislative Director Ingrid Duran stated, “The National Right to Life Committee applauds the great state of West Virginia for putting a stop to eugenic abortions and providing helpful resources for families that are given a disability diagnosis in their unborn child.”

WVFL President Wanda Franz, Ph.D., pointed out that, “worldwide, a substantial body of research conducted over the past several decades has revealed that women who chose to terminate a pregnancy due to fetal anomaly compared with those who carried their babies to term are at risk for serious, prolonged mental health problems.”

With the expected signature by Governor Jim Justice, the bill will take effect July 1, 2022.

WVFL’s Political Liaison Karen Cross and President Wanda Franz with Senate President Craig Blair during an interim session

House Speaker Roger Hanshaw was happy to meet with Wanda and Karen.

Flanked by Wanda Franz and Karen Cross, Senator Patricia Rucker will be lead sponsor in the Senate for the Unborn Child with Down Syndrome Protection Act.

Delegate Kayla Kessinger has agreed to be lead sponsor for the bill in the House.

LIFE MATTERS NEWSPAPER

Life Matters is published quarterly by West Virginians for Life and is the state pro-life newspaper of note.

VIDEO: CBS interview with National Right To Life’s Karen Cross

CBS News had the following to say about their interview with Karen Cross, who articulated well some key facts about abortion, the US Constitution, and the warped view of the 1973 SCOTUS that invented “out of whole cloth” a so-called “constitutional right” to abortion for any reason, at any time up until birth:

“Anti-abortion advocate on plan to challenge Roe v. Wade”

“CBS News spoke to Karen Cross, the political director of National Right to Life, the oldest anti-abortion rights group in the country. Cross said she doesn’t believe the Constitution includes the right to an abortion, and said her group is trying to pass laws that could overturn Roe v. Wade.”

Click below to watch the video clip:

To register to vote:

1. ONLINE click HERE to register to vote in West Virginia and to register in another state click HERE.

2. IN PERSON – visit the County Clerk’s Office in your local courthouse. For County Clerk office information, click HERE.