Override of 20-week abortion ban veto in West VA “imminent”
A remarkable feat in and of itself, West Virginia became the first Democrat-controlled state to pass a 20-week abortion ban this past March.
Until then all 1w other 20-week fetal pain bans (Alabama, Arizona, Arkansas, Georgia, Idaho, Indiana, Kansas, Louisiana, Mississippi, Nebraska, North Dakota, Oklahoma, and Texas) had been passed by Republicans.
West Virginia’s supposedly pro-life Democrat Gov. Earl Ray Tomblin, pictured right, went on to veto the ban, claiming it was unconstitutional. This although nine of the aforementioned state bans* have never been challenged in court.
Now stage has been set for an even more remarkable feat to take place: a Democrat-controlled override of Tomblin’s veto.
A provision in West Virginia’s constitution allows for a special session to be called if 3/5 (60%) of the House and Senate sign a petition. And such a petition, with the specific intent of reintroducing the 20 week ban, is circulating.
Signatures of 60 delegates and 22 senators are required, and when I spoke with West Virginians for Life’s Legislative Coordinator John Carey as we entered the Memorial Day weekend on Friday, 57 delegates and 23 senators had signed.
Since every Republican has signed the petition, the support of three more Democrat delegates is needed, which Family Policy Council President Allen Whitt deems “imminent.”
Tomblin has promised to veto a new fetal pain ban unless it is bumped up to 24 weeks, which would theoretically satisfy the post-viability provision of Roe v Wade. Pro-life forces are saying NO to compromise, which Carey reiterated to me.
If Tomblin has promised to renix a 20-week ban, how is an override possible?
Here are the steps: A successful petition drive will force Tomblin to call a special session, when the 20-week ban is reintroduced and passed again. If Tomblin vetoes the ban, as anticipated, a recess will be called, and session reconvened a month later, with a call to override the veto. An override only requires 51% support. Since the original legislation had 80% support, and the petition requires 60% support, an override is certain. Needed to get from here to there is the support of three more Democrat legislators.
Kudos to West Virginia pro-lifers for refusing to let their state’s 20-week fetal pain ban die. Such a ban obviously saves babies’ lives. Plus, the renewed effort continues to draw attention to the humanity of preborn children and rightfully shames an apostate politician claiming to be pro-life.
Tomblin, incidentally, chose March 28 to veto the original ban, several days before his deadline.
Turns out March 28 was the very day West Virginians for Life held its annual fundraising banquet.
So I’d say this “pro-life” governor is not only a wolf in sheep’s clothing but a vindictive one at that.
*Arizona’s 20 week ban has been permanently enjoined; Georgia’s ban is only being enforced for post-viability abortions; Idaho’s ban is currently being litigated.

Congratulations to all the legislators who supported the 20-week abortion ban. There are many arguments against abortion, which would take too long for me to list. I came from a large family, and my parents were very poor–so I believe that poverty is not a good enough excuse for abortion. In appearances & messages by the Virgin Mary over the past century, she often mentioned that abortion is one of the main offenses that is being committed against God. In messages given in Garabandal, Spain, in the 1960s, she said that if people do not stop offending God, there would be a great chastisement of the world.
Your list of 12 states missed KANSAS, the second in nation to pass a pain-capable unborn child protection ban!
Kathy, sorry! Missed that because the dates are a little different – 22 weeks from last menstrual period, which I know is the same as 20 weeks post-fertilization… was just looking for “20” when scanning the list. Adding now!
Pro-life Democrats!
West Virginia should vote for Pro-Life Phil Hudok of the Constitution Party. They cannot trust the Dems or Republicans of West Virginia.