West Virginia judge blocks pre-Roe v. Wade ban, allowing abortions to resume in state
Abortions in West Virginia may resume, after a judge on Monday blocked the pre-Roe v. Wade abortion ban.
The decision, made by Kanawha County Circuit Judge Tera Salango, clears the path for the state's sole abortion clinic – The Women’s Health Center of West Virginia – to restart services.
The Charleston clinic previously suspended services out of fear of prosecution on the heels of the U.S. Supreme Court's June 24 ruling, according to The Associated Press.
The criminal abortion ban made performing or obtaining an abortion a felony punishable by up to a decade in prison. Clinic lawyers argued the law has been superseded by a slew of modern, conflicting laws.
Attorney General Patrick Morrisey decried the ruling Monday, calling it "a dark day for West Virginia.”
He said his office will appeal the decision to the state Supreme Court.
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West Virginia has a state law on the books dating back to the 1800s making performing or obtaining an abortion a felony, punishable by up to a decade in prison. It provides an exception for cases in which a pregnant person’s life is at risk.
Abortion rights groups and clinics across the U.S. are seeking to stop or stall bans and restrictions from taking effect in mostly Republican-led states following the Supreme Court's decision last month.
The ruling came hours after a Louisiana judge extended a temporary block on that state from enforcing a "trigger" law ban designed to snap into effect if the high court overturned Roe.
Twelve other states have similar trigger laws. About half of the states have or are expected to seek to ban or curtail abortions following that ruling.
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In West Virginia there was no trigger law.
Contributing: The Associated Press.
Natalie Neysa Alund covers trending news for USA TODAY. Reach her at [email protected] and follow her on Twitter @nataliealund.
This article originally appeared on USA TODAY: West Virginia judge blocks pre-Roe v. Wade ban, abortions may resume