Case Closed. Decision Still to Come.

Yesterday, abortion industry and the private counsel hired to defend Virginia’s laws made their closing arguments in federal district court in Falls Church Medical Center v. Oliver, wrapping up a grueling two-week trial in which nearly all our state’s pro-life laws hang in the balance. My team and I, including our five new summer interns, were in the courtroom to witness every word.  

After failing year after year to pass legislation to achieve their ultimate goal of unfettered access to taxpayer-funded abortions performed by anyone in facilities with no oversight up until the moment of birth, the abortion industry turned to the courts – targeting Virginia to be its precedent-setting case in that goal. For a quick refresher on the overall case and some of what happened before and during the trial, be sure to look back at our blog posts. (“Surprise Miracle”, “Falls Church v. Oliver”, “The Plaintiffs Rest” and “Defense Makes Its Case”)

In yesterday’s closing statement, the lawyer for Planned Parenthood, NARAL, and Whole Women’s Health gave frankly an overstated, over-confident, and oversimplified summary of the facts in this case and how the U.S. Supreme Court’s precedents supposedly require the judge to totally throw out all of the following Virginia laws (some on the books since 1975):

-       “Window to the Womb" ultrasound law providing a woman the opportunity to view her ultrasound and hear the fetal heart tone if she wishes

-       Abortion informed consent materials

-       A 24-hour wait period after the ultrasound and prior to an abortion

-       All abortion center health and safety regulations

-       The requirement for 2nd trimester abortions to be done in hospitals, and

-       The requirement for having actual physicians perform the abortion procedure

Despite how reasonable these safeguards are for ensuring the health, safety, and informed consent of vulnerable women facing this permanent – and often conflicted – decision, the abortion industry has proven its willingness to sacrifice anything, and anyone, for the sake of money and power. It's quite revealing that the same industry that purports to be about women's health is doing everything it can to strip away things like health and safety standards, informed consent, and requirements that medical doctors be the ones to perform an invasive surgery. We pray that Judge Hudson sees right through the hollow (yet slick) legal arguments of the Plaintiffs. If his questions from the bench were any signal, we sense that on most of the issues involved, he does.

The attorney defending our laws kept her closing much more direct, succinct, and generally had solid legal arguments. The Defense’s closing highlighted the evidence throughout the trial, even brought forward by some of the Plaintiffs’ witnesses, that safety standards have greatly improved the facilities doing the invasive surgery of abortion, that ultrasound is a critical element of the abortion procedure, and that physicians are uniquely qualified to perform all types of abortion and deal with all potential complications.

Significantly, the Defense pointed out that the Plaintiffs did not put forward even a single Virginia woman of child-bearing age who could demonstrate any burden whatsoever in her ability to obtain an abortion as a result of these laws. “If there were such a woman,” said the Defense attorney, “surely the Plaintiffs, who perform abortions all across the Commonwealth every single day, would be able to provide one.” But they couldn’t. That is more than a little problematic for the Plaintiffs when the legal standard they must demonstrate is an “undue burden” on an actual woman pursuing abortion.

While some important points were omitted from her closing and several points were conceded unnecessarily (this was the Attorney General’s hired counsel, mind you), the attorney definitely put forward a laudable and even compelling defense of the laws. And that was encouraging.  

Now that the trial is over and all the documents and evidence are in, we are left only to pray for Judge Hudson’s wise discernment, his respect for our laws and the Constitution, and that he has a true appreciation for the gravity of his decision in terms of its impact on the lives and health of women, unborn children, federalism and the rule of law. Please join us in that prayer over the next several weeks.

Whatever the outcome of this case, The Family Foundation will remain ever-vigilant on behalf of Virginia families for the protection and promotion of every human life, and especially those most vulnerable among us. As soon as we learn of a decision in this case, we’ll let you know.