Home Social Issues Arlington Circuit Court Throws Out Ken Cuccinelli’s Challenge To TRAP Suit

Arlington Circuit Court Throws Out Ken Cuccinelli’s Challenge To TRAP Suit


From Progress Virginia (photo from NARAL Virginia) – another huge #FAIL by Ken Kookinelli.

Legal challenge to politically motivated abortion provider regulations will go forward

Arlington, VA – A circuit court judge this morning overruled a motion from the Virginia Attorney General’s office in the case of Falls Church Medical Center vs. Virginia Board of Health (CL13001362-00). The ruling means Falls Church Healthcare Center’s lawsuit over the politically motivated regulations will proceed. Outside the courtroom, over 100 women’s health supporters rallied in support of Falls Church Healthcare Center and their suit against regulations that threaten to shutter the majority of Virginia’s first-trimester abortion providers.

Rosemary Codding, director of FCHC, celebrated the court’s ruling. “We’re thrilled that the court today rejected the Attorney General’s attempts to keep this case from being heard. The courts are the citizens’ last resort to monitor government agencies and correct the wrongs. Our appeal ultimately  challenges regulations that will remove access to legal, safe abortioncare as part of women’s health services. We can now look forward to our day in court to overturn these burdensome and medically unnecessary regulations.”

“The judge this morning indicated he wants to get this case moving and let it be heard,” said Larry Roberts, a member of FCHC’s legal team at Venable, LLP. “We fully agree and are very happy the court will consider the full record and that Falls Church Healthcare will get their day in court.”

The court will set a hearing schedule for the case after receiving and approving an order on today’s ruling from the appellants. The court did uphold a motion by the Attorney General’s office that the Virginia Department of Health and Health Commissioner Cynthia Romero should be excused from the case because they enjoy sovereign immunity. The Board of Health remains as a named defendant. The ruling has absolutely no effect on the lawsuit moving forward or any legal assertions made by Falls Church Healthcare Center.

At a rally for FCHC supporters before the court hearing, NARAL Pro-Choice Virginia board member Jennifer Lassiter encouraged attendees to make sure they’re registered and to vote on November 5th. “We all know elections matter. Your vote is crucial to stopping more attacks on women’s health care access. Please make sure you’re registered by the October 15th deadline and that you vote on November 5th.”

  • Democratic AG Candidate Pledges To Work To Oppose Cuccinelli/Obenshain Agenda Attacking Women’s Health Care

    Democratic candidate for Attorney General Mark Herring released the following statement today in response to a judge’s ruling to allow the lawsuit against the TRAP regulations to continue:

    “Ken Cuccinelli and Mark Obenshain may think it’s acceptable for Richmond politicians to tell women what they can or can’t do with their bodies, but I think it’s wrong and, as Attorney General, I’ll put an end to it.

    “Ken Cuccinelli has pushed to make health care less accessible and more costly for women in Virginia, and Senator Obenshain has supported and will continue Cuccinelli’s efforts. While Cuccinelli was fighting to close these clinics down, Mark Obenshain was voting to make it law. I believe women should have access to health care and that their personal, private health care decisions should be left to them.

    “The choice in this election is crystal clear: I have opposed and will continue to fight the efforts to close these health care clinics, and Senator Obenshain has fought for and will continue his and Ken Cuccinelli’s efforts to impose more restrictions on women’s health care, making it less accessible and more expensive.”

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