West Virginia Governor Earl Ray Tomblin vetoed House Bill 2568, aka the "pain-capable abortion" bill this morning, citing constitutional concerns.
However, the Republican-dominated House has enough support to override his veto.
"He claims he's pro-life, but vetoes this bill that would protect an unborn child," says Melody Potter, Republican national committeewoman for West Virginia.
This is the second time Tomblin has turned down such a bill. The Pain-Capable Unborn Child Protection Act would have banned abortions after 20 weeks, when the baby can feel pain.
"Outraged," Potter says of the feeling of those in the state. "It's overwhelming. You see what the people want because of senators and House of Reps., and the governor is trying to override the will of the people."
"As reflected in my voting record during my time in the Legislature, I believe there is no greater gift of love than the gift of life. As governor, I must take into consideration a number of factors when reviewing legislation, including its constitutionality. At the start of the regular session, I urged members of the Legislature to consider a compromise that would help us establish legislation that would pass constitutional muster. Having received a substantially similar bill to the one vetoed last year on constitutional grounds, I must veto House Bill 2568," says Tomblin.
The bill received overwhelming support in both state chambers.
"We had a bill that actually made it through the entire legislative process, two committees on each side and the floors without any amendments, but still I guess the Governor received some advice that lead him to veto the bill," House Whip John O'Neal tells the West Virginia MetroNews.
"I heard today House of Delegates is going to push forward to have a vote. I haven't talked to Senate, but I believe they will push forward for a vote," Potter said this afternoon. "If Republicans alone vote to override the veto, we would have enough votes to override."
The governor cited Planned Parenthood of Southeastern Pa v Casey as his Constitutional reasoning, as well as Isaacness v Horne, which ruled the baby is incapable of feeling pain at 20 weeks.
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