Virginia Attorney General Mark Herring has asked a federal court to throw out a lawsuit filed by abortion-rights advocates that seeks to loosen state regulations on abortion providers.
The suit — filed last month by the national Center for Reproductive Rights in conjunction with Planned Parenthood, the ACLU of Virginia and several Virginia-based abortion providers — forced Herring, a Democrat who supports abortion rights, to choose between defending state laws or siding with abortion-rights allies.
House of Delegates Speaker Kirk Cox, R-Colonial Heights, had said he would consider hiring an outside lawyer in the case if Herring refused to take up the litigation on the state’s behalf.
That concern became moot Friday as Herring’s office filed a motion to dismiss the suit, saying the questions it raises should be settled by state lawmakers, not federal judges.
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“Many of the challenged laws are decades old, some of the challenged regulations are under active review, and plaintiffs make powerful arguments that certain other requirements warrant reconsideration by the Virginia General Assembly,” wrote Deputy Solicitor General Matthew R. McGuire. “But a federal courtroom is not the proper venue for debating the wisdom of these policies.”
The attorney general’s motion argues that the suit’s claims should be dismissed on largely technical grounds.
“We recognize Attorney General Herring is a staunch champion for women’s health, and he also has a duty to fulfill,” the Planned Parenthood Federation of America said in a statement. “The people of Virginia elected him into office to do a job and we expect that he will ensure a fair process in defending the laws left behind by his predecessors.”
The suit challenges several elements of Virginia’s abortion rules, including the state’s licensing policies for abortion providers and laws that require all second-trimester abortions to be performed in hospitals, prevent clinicians from performing abortions by limiting the practice to licensed doctors, and force women to undergo a mandatory ultrasound before obtaining an abortion.
Taken together, the suit claims, the restrictions create unconstitutional barriers to abortion in Virginia.
The Center for Reproductive Rights said it will remain focused on proving the laws are unconstitutional “no matter who is defending.”
In a statement, House Majority Leader Todd Gilbert, R-Shenandoah, said Herring’s decision to defend the state shows Virginia’s abortion laws are “reasonable, sensible and constitutionally sound.”
“The action today by the attorney general is a positive sign, but we strongly urge him to continue to give our commonsense pro-life laws the vigorous defense they deserve,” Gilbert said.
