CHARLESTON, W.Va. – Gov. Jim Justice has released a statement regarding the Supreme Court of the United States deciding with Dobbs, effectively overturning Roe v. Wade.

I applaud the Supreme Court’s courageous decision today. I’ve said many times that I very proudly stand for life and I am rock-solid against abortion, and I believe that every human life is a miracle worth protecting.

I will not hesitate to call a special session after consulting with the Legislature and my legal team if clarification in our laws needs to be made.

West Virginia Governor Jim Justice

West Virginia is not one of the 13 states that had a “trigger ban” that would criminalize abortion the moment that Roe v. Wade was overturned, but before the Roe v. Wade ruling, abortion was illegal in the Mountain State. That law was never removed from the state code.

It reads:

Any person who shall administer to, or cause to be taken by, a woman, any drug or other thing, or use any means, with intent to destroy her unborn child, or to produce abortion or miscarriage, and shall thereby destroy such child, or produce such abortion or miscarriage, shall be guilty of a felony, and, upon conviction, shall be confined in the penitentiary not less than three nor more than ten years; and if such woman die by reason of such abortion performed upon her, such person shall be guilty of murder. No person, by reason of any act mentioned in this section, shall be punishable where such act is done in good faith, with the intention of saving the life of such woman or child.


But in more recent years, West Virginia has passed legislation that only bans abortion after 22 weeks and in March, West Virginia Gov. Jim Justice signed a law banning people from seeking abortion care because they believe their child will be born with a disability.

West Virginia Democratic Party Chair Mike Pushkin released a statement saying what he believes will happen.

Make no mistake about it, this decision will make all abortions illegal in West Virginia with no exceptions to protect the life and health of the mother and no exceptions for the victims of rape and incest.

If the Governor and the legislature fail to act to preserve these common-sense exemptions, women will pay with their lives.

West Virginia Democratic Party Chair Mike Pushkin

West Virginia Attorney General Patrick Morrisey issued the following statement:

This historic decision is long past due, although it took nearly 50 years to overturn several flawed Supreme Court decisions that have led to the tragic deaths of more than 60 million unborn children,” Attorney General Morrisey said. “I am proud to stand with those who agree that the law must afford the unborn the same rights as everyone, most especially the inviolable right to life. Our Constitution should never have been interpreted in a way that lets it override the states’ compelling interest to protect innocent life.

In the next few days, I will be providing a legal opinion to the Legislature about how it should proceed to save as many babies’ lives as humanly and legally possible.

Attorney General Patrick Morrisey