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Cite as: ___ U. S. ___ (20__)
81
Opinion of the Court
- essary to produce the miscarriage of any woman in order to save her life.[1]
- West Virginia (1863):
- West Virginia's Constitution adopted the laws of Virginia when it became its own State:
- Such parts of the common law and of the laws of the State of Virginia as are in force within the boundaries of West Virginia when this Constitution Goes into operation, and are not repugnant thereto, shall be and continue the law of this State until altered or repealed by the Legislature.[2]
- The Virginia law in force in 1863 stated:
- Any free 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 confined in the penitentiary not less than one, nor more than five years. 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.[3]
- Oregon (1864):
- If any person shall administer to any woman pregnant with child, any medicine, drug or substance whatever, or shall use or employ any instrument or other means,
