West Virginia Gov. Earl Ray Tomblin vetoed legislation Wednesday that would outlaw the most common procedure for second-trimester abortions.
State lawmakers are expected to override the governor's veto.
The bill (SB 10) bans the "dilation and evacuation" procedure, the safest way to terminate a pregnancy after 13 weeks, according to doctors and medical groups.
In his veto message, Tomblin noted that the U.S. Supreme Court and lower courts have struck down similar bans on a woman's right to choose the abortion procedure.
"I am advised this bill is overbroad and unduly burdens a woman's fundamental right to privacy," Tomblin wrote.
Republican legislators modeled West Virginia's bill after similar abortion restriction laws in Oklahoma and Kansas. Courts have blocked bans from taking effect in those states.
Bill opponents argue that the legislation is unconstitutional because it interferes with private medical decisions.
"The Legislature overreached into the practice of medicine by passing this dangerous bill," said Margaret Chapman Pomponio, who heads the abortion-rights group West Virginia Free. "We're heartened by Governor Tomblin's compassion and common sense. If only the Legislature would let the issue rest."
The Senate and House of Delegates passed the ban on so-called "dismemberment abortions" last month. Legislators plan to override the veto this week, possibly as early as today.
"I believe Senate Bill 10 strikes the right balance between the rights of physicians to practice medicine, a woman's right to privacy and the lives of unborn children," said Senate President Bill Cole, R-Mercer. "The Senate will vote to override this veto without delay."
According to the bill, doctors could have their licenses revoked if they perform the dilation and evacuation procedure. The two doctors in the Senate - Ron Stollings, D-Boone, and Tom Takubo, R-Kanawha - voted against the bill.
The legislation allows the procedure after the doctor first "creates demise or death of the fetus."
The bill also allows the procedure in cases of emergency.
The bill's supporters say they want to stop a barbaric abortion practice that was the subject of undercover videos that targeted Planned Parenthood last year. The videos, which purport to show Planned Parenthood executives discussing the illegal sale of fetal body parts, sparked outrage among anti-abortion activists.
Planned Parenthood officials said the videos were misleadingly edited, and two anti-abortion activists behind the video have been indicted by a grand jury in Texas on charges of tampering with governmental records.
Last year, a law prohibiting abortions 20 weeks after conception took effect in West Virginia, even though Tomblin vetoed the ban over concerns that a court would strike it down. The Republican-controlled Legislature overrode the governor's veto in March.
The 20-week abortion ban is based on the disputed theory that a fetus can feel pain at that point.
Reach Eric Eyre at ericeyre@wvgazettemail.com, 304-348-4869 or follow @ericeyre on Twitter.