Democratic Sen. Joe Manchin Joins ‘Bipartisan Effort’ to Codify Roe v. Wade

Senator Joe Manchin of West Virginia, a Democrat, has joined forces in a bipartisan initiative aimed at codifying Roe v. Wade into law, as announced by his office.

Codifying Roe v. Wade

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This move follows the landmark decision of Dobbs v. Jackson Women’s Health in June 2022, which overturned Roe v. Wade, paving the way for states to impose abortion restrictions.

Tightened Abortion Laws

In September 2022, West Virginia enacted stringent abortion laws, permitting the procedure only in cases of medical emergencies, non-viable fetuses, fetal abnormalities, or in instances of rape or incest reported to law enforcement.

Medical License at Stake

The final version of the bill stated that physicians or other licensed medical professionals who deliberately or carelessly conduct an abortion in breach of the law risk disciplinary actions, including the potential loss of their medical license.

However, the measure assures that women undergoing abortions will not be subjected to any legal repercussions.

Reproductive Freedom Act

Senator Manchin’s newly co-sponsored Reproductive Freedom For All Act aims to prevent states from enacting laws that create “an undue burden” on access to abortions before fetal viability.

New Abortion Boundaries

The legislation permits states to impose “reasonable restrictions” on abortions after viability, except when abortion is medically necessary to protect the life or health of the pregnant woman.

Defining Viability

According to the bill, viability is defined as “the time at which, in the appropriate medical judgment of the attending health care practitioner or practitioners, there is a realistic possibility of maintaining and nourishing a life outside the womb.”

The bill also includes measures to prevent states from limiting access to contraception.

The Conscience Clause

doctor — Illustration. Image credit: Shutterstock

A specific provision in the bill clarifies that it will not affect existing conscience protection laws, which permit medical providers to decline participation in certain procedures due to moral or religious objections, as outlined by the U.S. Department of Health and Human Services.

Senators Unite

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Initially sponsored by Senator Tim Kaine (D-VA), the bill also has the support of Senators Lisa Murkowski (R-AK), Krysten Sinema (I-AZ), and Susan Collins (R-ME).

Abortion Rights Under Fire

The abortion law enacted in West Virginia in September 2022 was met with immediate criticism from abortion rights groups.

ACLU Critiques WV’s Abortion Ban

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The American Civil Liberties Union of West Virginia expressed their dismay on Twitter, stating, “After weeks of discussions behind closed doors, the West Virginia Legislature has voted to ban abortion. It’s impossible to overstate what a dark day this is for liberty and for the state,”

A Battle for Bodily Autonomy

Alisa Clements, the director of public affairs for Planned Parenthood South Atlantic, condemned the law in a statement, emphasizing, “There is nothing more extreme than a law that strips people of the freedom to govern their own bodies, and our state lawmakers have shamefully forced this despicable bill down our throats, behind closed doors in a matter of hours.”

Previously Legal

Prior to this, abortion had been legal in the state up to 20 weeks since July 2022, following a decision by a state court judge to block an older abortion ban dating back to the 1800s.