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.”