Coblentz Prepares Amicus Curiae Brief In Support Of Challenge To West Virginia Abortion Ban
West Virginia has on its books a centuries-old law criminalizing abortion. After the Supreme Court overturned Roe, the state signaled it would enforce the ban for the first time in decades. In an effort to ensure individuals do not receive criminal penalties for exercising reproductive choices, a Coblentz litigation team prepared an amicus curiae brief, on behalf of three prominent professors of history and law, in support of an ACLU-led challenge to the criminal statute. The brief, available here, explained that neither the English common law nor early American law criminalized abortion prior to when a woman feels a fetus move in her womb for the first time, referred to as “quickening.” Associates Dan Bruggebrew, Emily Margolis, and Anthony Risucci, supervised by Katharine Van Dusen, drafted the brief in collaboration with the clients and with the assistance of local counsel.