VIRGINIA CAN REGULATE ABORTION CLINICS TO PROTECT WOMEN

Virginia's Attorney General, Ken Cuccinelli issued an opinion that "the Commonwealth has the authority to promulgate regulations for facilities in which first trimester abortions are performed, as well as for providers of first trimester abortions, so long as the regulations adhere to constitutional limitations."

"This is a victory for women and children across Virginia," said Delegate Bob Marshall. It is my hope that the Governor will issue health regulations as soon as possible."

Delegate Marshall had asked for the Attorney General's opinion earlier this year. Virginia's Department of Health had regulated abortion clinics until Chuck Robb became Governor and ended the practice.

"We should do everything possible to ensure that every woman's life and health and their future pregnancies are protected by the Commonwealth of Virginia. To do otherwise is to shirk from government's first responsibility," Delegate Marshall explained.

Delegate Marshall added, "The National Library of Medicine has hundreds and hundreds of peer review medical articles documenting the immediate dangers of first trimester legal abortion to women and subsequent pregnancies."

Marshall concluded, "I have asked that Governor McDonnell issue regulations identical to those approved by the Fourth Federal Circuit Court in Richmond upholding South Carolina's medical and safety regulations for first trimester abortion providers as referenced by the Attorney General in his opinion."

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Letter from Delegate Bob Marshall to Governor Bob McDonnell

The Honorable Robert F. McDonnell
Office of the Governor
Patrick Henry Building
1111 E. Broad Street, 3rd Floor
Richmond, VA 23219
[Via E-mail]

Dear Governor McDonnell:

I would like to request that you implement the abortion clinic regulations available to the Commonwealth under the Attorney General’s opinion issued August 20, 2010 which I requested which states in part, “the Commonwealth has the authority to promulgate regulations for facilities in which first trimester abortions are performed, as well as for providers of first trimester abortions, so long as the regulations adhere to constitutional limitations.”

I urge you to craft clinic regulations to meet the limitations set out in the 4th Circuit Court of Appeals 2002 decision in the Greenville Women's Clinic v. Commissioner, South Carolina Department of Health and Environmental Control case (see attached).

Virginia previously regulated abortion clinics under our inherent health, safety and welfare powers. I hope that you will do what you can to ensure that the women of Virginia are protected from dangers such as out of state physicians whose licenses are suspended or revoked elsewhere or not having hospital admission privileges in Virginia and, sending women to hospitals in private vehicles and other unsafe conditions which compromise public health that occur at some abortion clinics in Virginia.

Thank you for your time and consideration. If you have any questions please contact me on my cell phone at (703) 853-4213.

Sincerely,

Delegate Bob Marshall

Audio File of Delegate Marshall's Comments

Attorney General's Opinion