Deadly Lawsuit: Falls Church Medical Center v. Oliver

Released: Thursday, May 09, 2019

On May 6, Senior US District Judge Henry E. Hudson struck down Virginia’s “Physician-Only Law” (mandating that only a physician could legally perform an abortion) during the first trimester of a child’s life. He upheld the requirement for the second trimester of life. He seemed to indicate he would also remove certain licensure requirements for facilities that commit first-trimester abortions.

This week’s opinion was based in part on the testimony of Dr. M. Norman Oliver, the Commissioner of the Virginia Department of Health ("VDH"), who was named as a “defendant.” Unfortunately, Dr. Oliver is an appointee of Governor Ralph Northam, whose comments endorsing infanticide are now infamous.

BACKGROUND: Last summer, several abortion perpetrators jointly filed a raft of eight legal motions against a number of officials in Virginia. They’re cynically attempting to overturn laws protecting women and unborn children. These laws help define who can legally perform abortions, at what stage of life, in what facilities, under what licensure, the information that must be disclosed to the mother, and the time she should reflect before making a life-ending decision.

In the fall, Judge Hudson dismissed one of the original motions. This week he issued his decision on the physician-only requirement, which will potentially affect a majority of other states. As for the remaining five of six contested motions, “the Court will await a more complete evidentiary record” during a full trial before Judge Hudson issues his final orders.

Some of the targeted statutes and regulations date back to 1975, including the “Physician-Only Law” and a policy requiring second-trimester abortions only be executed at a facility that “qualifies and meets the regulatory requirements of an outpatient surgical hospital.” 

The abortionists include Falls Church Medical Center, Whole Woman's Health Alliance, Virginia League for Planned Parenthood, and “Dr. Jane Doe.” The court of record is the United States District Court for the Eastern District of Virginia.

Please join me in praying Judge Hudson will uphold the remaining protections for children and their mothers in our Commonwealth.