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ACLU Files Lawsuit Challenging 19th Century State Abortion Ban

Pro-life activists counter-demonstrate as pro-choice activists participate in a "flash-mob" demonstration outside of the US Supreme Court in Washington, DC.
NPR
Pro-life activists counter-demonstrate as pro-choice activists participate in a "flash-mob" demonstration outside of the US Supreme Court in Washington, DC.

The West Virginia ACLU is taking a page from other states and challenging West Virginia’s abortion ban in court.

The ACLU filed a lawsuit in Kanawha County Circuit Court Wednesday challenging the state’s 1882 ban on abortion.

The law resurfaced after last week’s U.S. Supreme Court decision overturning Roe v. Wade, which returned the abortion question to the states.

According to the ACLU, the law should be voided because the state has passed newer, conflicting laws.

Abortion rights supporters in other states, including Kentucky, have gone to court to protect reproductive rights now that no protections exist at the federal level.

Attorney General Patrick Morrisey was part of a 24-state brief in support of overturning Roe. He said last week he’d advise the legislature on how to proceed with the issue.

Energy & Environment Reporter, ctate@wvpublic.org, 202-679-8470, @tatecurtis

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