Women's Health Center of West Virginia v. Sheth
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.
Legal Documents
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02/01/2023
Complaint, Women's Health Center of West Virginia v. Sheth -
02/01/2023
Complaint, Exhibit A, Women's Health Center of West Virginia v. Sheth -
02/22/2023
Defendant's Motion to Dismiss -
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02/22/2023
Defendant's Memorandum of Law In Support of Defendant's Motion to Dismiss
Women's Health Center of West Virginia v. ShethLegal DocumentsDefendant's Memorandum of Law In Support of Defendant's Motion to DismissDownload DocumentDate Filed: 02/22/2023
Court: Southern District of West Virginia
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02/22/2023
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03/15/2023
Intervenor-Defendant State of West Virginia's Motion to Dismiss -
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03/15/2023
Intervenor-Defendant State of West Virginia's Memorandum of Law in Support of Intervenor-Defendant's Motion to Dismiss
Women's Health Center of West Virginia v. ShethLegal DocumentsIntervenor-Defendant State of West Virginia's Memorandum of Law in Support of Intervenor-Defendant's Motion to DismissDownload DocumentDate Filed: 03/15/2023
Court: Southern District of West Virginia
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03/15/2023
Date Filed: 02/01/2023
Court: Southern District of West Virginia
Date Filed: 02/01/2023
Court: Southern District of West Virginia
Date Filed: 02/22/2023
Court: Southern District of West Virginia
Date Filed: 03/15/2023
Court: Southern District of West Virginia
Press Releases
West Virginia Providers and Advocates File Challenge Against Extreme and Unconstitutional Abortion Ban Passed Last Year