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Tuesday, August 24, 2010

Cuccinelli: Virginia Has Right To Regulate Abortion Clinics

Virginia has the legal right to regulate abortion clinics in the same manner it currently regulates hospitals and surgery centers, says Attorney General Kenneth T. Cuccinelli II, a ruling that pro-choice advocates say could cost abortion providers $2 million and put most of them out of business.

An opinion issued Friday by the pro-life Republican comes after years of attempts by conservative legislators to pass additional restrictions in the General Assembly for abortion clinics, which in Virginia have been treated for regulatory purposes as physicians' offices.

"The state has long regulated outpatient surgical facilities and personnel to ensure a certain level of protection for patients. There is no reason to hold facilities providing abortion services to any lesser standard for their patients," said Brian J. Gottstein, a spokesman for Mr. Cuccinelli.

"Even pharmacies, funeral homes and veterinary clinics are regulated by the state," he said.

The opinion, which only interprets Virginia law and does not change it, says the additional regulations are permissible as long as they "adhere to constitutional limitations."

Mr. Cuccinelli acknowledged in the opinion that the Supreme Court's 1973 Roe v. Wade opinion limits the state's right to regulate abortion.

But he also cited a 2000 decision from the U.S. Court of Appeals for the Fourth Circuit that said regulations "addressing medical and safety aspects of providing abortions, as well as the recordkeeping and administrative practices of abortion clinics, and which applied to all abortions including abortions performed during the first trimester, were valid."

More here

3 comments:

Anonymous said...

They are outpatient surgery centers. Frankly, I thought they were already regulated as such. They certainly should be so people know they are safe.

Anonymous said...

Virginia is becoming a very attractive State!

Anonymous said...

This guy is going to get noticed by the party "big whigs" in the near future. Mark his name down as he will show up in a future administration or will run for office himself. Just my personal opinion of course.