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Women's Health Center of West Virginia v. Sheth

Location: West Virginia
Status: Ongoing
Last Update: February 1, 2023

What's at Stake

West Virginia abortion providers and advocates filed a lawsuit in federal court challenging multiple provisions of HB 302, the state’s near-total abortion ban passed in 2022. Plaintiffs in the case are asking for an injunction blocking the entire ban while providers make their case in court.

Summary

West Virginia abortion providers and advocates filed a lawsuit on February 1, 2023 in federal court challenging multiple provisions of HB 302, the state’s near-total abortion ban passed last year, as irrational and unconstitutional. Plaintiffs in the case — Women’s Health Center of West Virginia and a local abortion provider — are asking the district court to issue an injunction blocking the entire ban while providers make their case in court. Under HB 302, if any portion of the law is determined to be unconstitutional, the entire law must be struck down.

HB 302 was rushed through the West Virginia Legislature in under 24 hours, in the aftermath of the Supreme Court overturning Roe v. Wade. Since HB 302 took effect, West Virginians have been forced to either travel across state lines to access the essential care they need — or find themselves forced into pregnancy and giving birth against their will.

The American Civil Liberties Union, ACLU of West Virginia, Mountain State Justice, and the Cooley law firm filed the lawsuit in the ​​U.S. District Court for the Southern District of West Virginia on behalf of Women’s Health Center of West Virginia.

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