Why Did “Pro Life” Gov. Tomblin Veto a Bill Banning Abortion?
Posted on April 3, 2014 in Life by Nathan Cherry
Governor Earl Ray Tomblin will have a hard time convincing anyone that he’s pro-life from this point forward. News broke late last night that Gov. Tomblin vetoed the Pain Capable Unborn Child Protection Act after he doubted the bills constitutionality.
This bill, HB 4588, also known as the 20 week abortion ban, would have made it illegal to perform an abortion after 20 weeks gestation. That is the point at which most doctors and scientists agree that an unborn child can certainly feel pain. This fact means that abortion after 20 weeks is nothing short of torture as the pain capable unborn child is being torn limb from limb and can feel everything.
It was a surprise that the bill even made it out of committee and found a hearing in the legislature considering the Democratic majority and the hurdles placed before it. Nonetheless HB 4588 was voted on and passed in the house and senate by overwhelming bi-partisan majorities. This should have made the bill very easy for Gov. Tomblin to sign, considering the super-majority of state senators and delegates that supported it.
A Charleston Gazette article reported on the reasons why Gov. Tomblin decided to veto the bill:
“‘I am advised, by not only attorneys from the Legislature, but through my own legal team that this bill is unconstitutional as shown by actions of the Supreme Court of the United States,” Tomblin said in a written statement. Tomblin said the West Virginia bill ‘is also problematic because it unduly restricts the physician-patient relationship. All patients, particularly expectant mothers, require the best, most unfettered medical judgment and advice from their physicians regarding treatment options. The medical community has made it clear to me the legal penalties this bill imposes will impede that advice, and those options, to the detriment of the health and safety of expectant mothers.’”
I am guessing the governor did not consult with state attorney general Patrick Morrissey. Doing so would have no doubt eased those fears of unconstitutionality and helped the governor to see that just because one states 20 week abortion ban, Arizona, was ruled unconstitutional by a liberal, activist court, doesn’t mean this bill would have been.
I am also guessing that Gov. Tomblin completely ignored the letter sent to him by Christian legal group Alliance defending Freedom. This highly respected team of constitutional experts made it clear that the bill was in fact constitutional and would stand up in court, as several other 20 week abortion bands have done.
In light of this evidence what could have made the governor veto a bill supported by a super bi-partisan majority of state senators and delegates? What does this decision tell the people of West Virginia about the “pro-life” views of our governor?
First, there is always the possibility that things are not what they seem with the passage and eventual veto of this bill. It entirely possible that the democratically controlled legislature passed this bill knowing Gov. Tomblin would veto it. Considering this is an election year it would make sense for vulnerable democrats to do anything that could be used as a selling point on the campaign trail. Democrats have watched as Republicans have made significant gains in the state legislature over the last five years and they are not doubt concerned about losing control. This could very well have been an attempt to create a good sound bite for campaigns as the election season heats up.
For a governor that does relatively nothing and flies below the radar in order to keep his public profile favorable this could be a signal to the national Democratic Party that Tomblin will be a team player in Washington. If our governor has aspirations of federal office he needs to let the national party know he won’t be as much trouble as Manchin on certain issues and not buck the party. Perhaps this was his attempt at sending that message.
Of course I’m just speculating, but these thoughts are not outside the realm of possibility in a state that has begun leaning right in recent years. The old ways are proving detrimental and leaders are seeing power and influence slip in favor of new, more conservative influence and policies. Desperate times call for desperate measures.
One thing is for sure, Gov. Tomblin will have a very hard time convincing anyone that he is pro-life form this point forward. I don’t care what his reasoning is, a truly pro-life person would have signed this bill into law and let the lawyers sort it out. You don’t make decisions based on what you think the legal outcome might be. You make decisions based on convictions, and Gov. Tomblin showed the people of West Virginia that his conviction is not that of a pro-life politician. Tomblin said:
“I believe there is no greater gift of love than the gift of life. I have stated this time and again throughout my career and it is reflected in my legislative voting record.”
That might be the most ironically hypocritical statement Tomblin could have made while announcing the veto of a bill to protect life. Does Gov. Tomblin not see the hypocrisy in his own statement?
When the chance to protect life presents itself and you ignore it and walk in the opposite direction, don’t insult the intelligence of the people you’re serving by telling them your want to protect life.
I, for one, will refuse to believe that Earl Ray Tomblin is pro-life until I see tangible evidence to back up that assertion. I certainly won’t support any bid for federal office as it will result in another vote in Washington for life-ending bills.
You had your chance to do something positive, Gov. Tomblin, to defend life, and you blew it. That is on your “legislative voting record” now for every Mountaineer to see.