{"id":202524,"date":"2019-05-20T08:24:05","date_gmt":"2019-05-20T13:24:05","guid":{"rendered":"https:\/\/www.liveaction.org\/news\/?p=202524"},"modified":"2019-05-19T21:20:32","modified_gmt":"2019-05-20T02:20:32","slug":"unprecedented-federal-judge-rescinds-abortion-virginia","status":"publish","type":"post","link":"https:\/\/archive.liveaction.org\/news\/unprecedented-federal-judge-rescinds-abortion-virginia\/","title":{"rendered":"‘Unprecedented’: Federal judge rescinds order allowing abortions by non-doctors"},"content":{"rendered":"
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Less than two weeks ago, federal Judge Henry Hudson ruled that a 1975 Virginia law was unconstitutional<\/a>.\u00a0The law declared that only doctors could commit abortions<\/a>, but Hudson’s ruling changed that, allowing midwives, nurses, and physician’s assistants to commit them as well. But now, Hudson has surprisingly changed course, rescinding his own order.<\/p>\n

The Virginia Department of Health had pushed for the law to be overturned, arguing that “[a] medication abortion requires even less physician time, and can be done via Skype \u2014 meaning that the physician does not have to be in the same room (or even the same city) as the abortion patient.\u201d Hudson agreed, saying that having abortions on-site was not “medically beneficial.”<\/p>\n

Tuesday, however, Hudson changed his mind<\/a>. \u201cOn further review, the Court is of the opinion that summary judgment was improvidently awarded,\u201d he wrote. \u201cRather, on further consideration, whether the \u2018Physicians-Only Law\u2019 presents an undue burden to Virginia women who seek an abortion is a material fact that is genuinely in dispute.\u201d<\/p>\n

READ:\u00a0Are Virginia Democrats still supporting extreme pro-abortion legislation?<\/a><\/em><\/strong><\/p>\n

The case will now go to trial in Richmond next week, and the abortion industry is already preparing to fight. \u201cThere is overwhelming evidence that medical professionals other than physicians can safely and effectively provide abortion care,\u201d Jenny Ma, lead counsel for the Center for Reproductive Rights, told the Washington Post. \u201cWe will be presenting this evidence at trial next week.\u201d They are likewise seeking to overturn similar laws in Maine, Mississippi, Arizona, Kansas, and Louisiana.<\/p>\n

The Family Foundation of Virginia, meanwhile, lauded Hudson’s decision. \u201cWe\u2019re thrilled that Judge Hudson took this extraordinary step to reverse his earlier decision that jeopardizes women\u2019s health,\u201d president Victoria Cobb said in a statement that called the decision to rescind “nearly unprecedented.”<\/p>\n

Previously, the state of Virginia has argued that it is burdensome to require that a qualified physician be the one to commit abortions, particularly when it comes to abortion pills. But medication abortion isn’t as simple as it’s made out to be.<\/p>\n