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Statement on Attorney General Cuccinelli’s official opinion on abortion clinic regulation


Statement on Attorney General Cuccinelli’s official opinion on abortion clinic regulation

RICHMOND (August 23, 2010) – Statement from the Office of the Attorney General, attributable to Brian Gottstein, director of communication:

Sen. Ralph Smith and Del. Robert Marshall requested the attorney general’s official legal opinion regarding whether the commonwealth can regulate facilities that provide first trimester abortions as well as the medical personnel who perform them.

Based on a thorough review of existing law and relevant prior court decisions, the attorney general’s opinion is that the commonwealth has the authority to regulate, so long as the regulations adhere to constitutional limitations as articulated by the United States Court of Appeals for the Fourth Circuit in Greenville Women’s Clinic v. Bryant.  The court said that state regulations that do not interfere with the woman’s status as the ultimate decisionmaker, that serve “a valid purpose,” and that do not “strike at the [abortion] right itself,” are valid regulations.

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

The attorney general’s official opinions do not create new law.  Instead, the opinions represent the attorney general’s analysis of the current state of the law based on his thorough review of existing law and relevant prior court decisions.

The full opinion can be found at (both opinions are the same, they were just requested – and therefore posted – separately):

Bob Marshall (703) 853-4213 –


Ralph Smith (540) 206-3597 –


About Tom White

Tom is a US Navy Veteran, owns an Insurance Agency and is currently an IT Manager for a Virginia Distributor. He has been published in American Thinker, currently writes for the Richmond Examiner as well as Virginia Right! Blog. Tom lives in Hanover County, Va and is involved in politics at every level and is a Recovering Republican who has finally had enough of the War on Conservatives in progress with the Leadership of the GOP on a National Level.

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