Letters to the Editor

Responsibility to Defend the Law

3 min read

Editor, News-Register:

United States laws are defined by and have stood the test of time based on their legislative branch established language.

These laws are ratified by the executive branch with a signature of approval. The judicial branch of our government is to interpret given a given law's language relating to real world applications of that law.

The legislative, executive, and judicial branches have proven since 1776 to be a strong, stable triad foundation for this union of our United States.

The attorney generals play the vital role of taking the responsibility to oversee and take actions to defend the laws, regardless of personal opinions regarding said laws.

Virginia's abortion statue passed in 1848 and was a part of the shared historic codes/laws woven into the then-new West Virginia's governmental fabric in 1863. The current WV Code is as follows: "West Virginia Code. CHAPTER 61. CRIMES AND THEIR PUNISHMENT. ARTICLE 2. CRIMES AGAINST THE PERSON. 61-2-8. Abortion; penalty: 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."

West Virginia Attorney General Patrick Morrisey has recently taken appropriate actions that are in alignment with his office's obligations to defend and uphold the law regarding the above referenced current West Virginia Code.

Regarding Morrisey's above mentioned actions, The Intelligencer and News-Register's Friday, July 22, 2022 editorial, entitled "Morrisey Oversteps On Abortion Ruling," made the following statements within said article: (1) "West Virginia Attorney General Patrick Morrisey has made a name for himself by fighting against overreach by federal agencies that try to sidestep Congress. He seems to have forgotten that in his quest to enforce a 173-year-old abortion law, rather than wait for the state legislature to act." (2) "Morrisey might want a return to the legal norms of the mid-1800s, but he would better serve West Virginia by getting out of the way and letting lawmakers do their jobs, passing a law suited to the 21st century."

I usually enjoy the Wheeling's newspapers' editorials, but I am disappointed with this editorial's emotional perspective, which did not address and praise WV Attorney General Morrisey's actions following to the letter his moral and ethical obligations to his office to take actions based on current West Virginia code/law, which is what the people elected him to do.

The editorial turned a blind eye to current law and obligations of the AG's office for dealing with law turned this into a statement to support the emotional pro-abortion issue. An attorney general's function is to address and act upon current laws, not continually wait leaving issues in perpetual limbo based on future proposed laws that may never materialize.

Bob Miller

Wheeling

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