Voters approved a new constitutional amendment guaranteeing the right to abortion. But, opponents are trying to block certification.
More than 60% of voters approved of a new amendment to the Constitution of Virginia guaranteeing a right to abortion. But Victoria Cobb at the Family Foundation says the language is misleading and the process was flawed, which is why she's part of an effort to block certification of the will of the voters.
"The summary claims that upon affirmation of the amendment, we can further restrict third-trimester abortion," Cobb says. "But it is silent to the fact that it is currently removing restrictions on third-trimester abortion."
She also says the law required that the text of the amendment be posted at courthouses 90 days before an election, which did not happen. Legal expert Rich Kelsey says the process question is more likely to succeed in court.
"I think that this lawsuit is not going to be successful on the question of language," Kelsey says. "But on procedure — if procedure was not followed as set out by the Constitution, these plaintiffs could be successful."
A judge in Tazewell County will consider the legal arguments later this month and make a legal determination about whether the referendum for this amendment should be certified and a new amendment be added to the Constitution.
