A federal judge in Virginia has upheld the state's law requiring women to get an ultrasound at least 24 hours before having an abortion and a separate measure requiring physicians to perform the procedure.
Abortion-rights activists and providers had challenged a series of Virginia laws that they said unnecessarily restrict access, particularly for poor women, and make it difficult and expensive for clinics to operate.
After an eight-day trial in federal court in Richmond, the question for the judge was whether regulations affecting health care providers, facilities and patients present a substantial, unconstitutional obstacle for women seeking abortions.
In a 67-page ruling issued Monday, U.S. District Judge Henry Hudson retained the waiting period that requires most women to make two trips -- one for an ultrasound and another for the abortion.
"The court recognizes that the waiting period following the ultrasound adds a logistical complexity to an existing myriad of hardships faced by those with limited resources and support networks," Hudson wrote. But he was not convinced that the law "amounts to a substantial obstacle preventing women's access to abortion in Virginia."
Hudson's mixed ruling struck down two other regulations: one that required clinics providing early-stage abortions to meet the same facility requirements as surgical hospitals and another limiting all second-trimester abortions to licensed outpatient hospitals.
With two facilities in Virginia -- in Virginia Beach and Richmond -- that regularly perform second-trimester abortion procedures, the judge found a "significant burden on women seeking abortion care."
That "causes anxiety, delays, and at times, the inability to undergo an abortion at all," wrote Hudson, who was appointed by President George W. Bush.
Amy Hagstrom Miller, president of the abortion-rights group Whole Woman's Health Alliance, called the overall decision a disappointment.
"The court did not see clearly how the other restrictions it left in force are not supported by medical evidence and place undue burdens on families," she said in a statement. "Two-trip mandatory delay laws, inaccurate medical information, forced ultrasounds and physician-only laws harm patients and they have a disproportionate effect on people of color, rural communities, young people, and those who struggle financially."
Victoria Cobb, president of the anti-abortion Family Foundation, praised the ruling as "a near-total repudiation of the abortion industry's baseless claims" and a victory for "common-sense measures to protect women's health, safety, and ensure their fully-informed consent before making an irreversible decision to end the life of their unborn child."
The office of Gov. Ralph Northam, a Democrat, was still reviewing the decision Tuesday.
"The governor has made it clear he believes personal medical decisions should be left to a woman and her doctor -- not legislators," said Northam spokeswoman Alena Yarmosky.
"Our administration will continue to work to ensure women have access to the health care they need."
Separately, a federal judge on Tuesday temporarily blocked Georgia's restrictive new abortion law from taking effect.
The law signed in May by Republican Gov. Brian Kemp bans abortions once a fetal heartbeat is detected, which can happen as early as six weeks into a pregnancy, before many women realize they're expecting. It allows for limited exceptions.
It had been scheduled to become enforceable on Jan. 1.
Lawyers with the American Civil Liberties Union, Planned Parenthood and the Center for Reproductive Rights in June filed a constitutional challenge to the law on behalf of Georgia abortion providers and an advocacy group.
U.S. District Judge Steve Jones, who was appointed by President Barack Obama, wrote in an order Tuesday that the current laws governing abortion in the state shall remain in effect for the time being. Based on current U.S. Supreme Court precedent, he wrote, the challenge to the new law is likely to succeed.
Kemp spokeswoman Candice Broce said in an email that the governor's office is reviewing the decision.
"Despite today's outcome, we remain confident in our position," she wrote. "We will continue to fight for the unborn and work to ensure that all Georgians have the opportunity to live, grow, and prosper."
Information for this article was contributed by Ann E. Marimow and Gregory S. Schneider of The Washington Post; and by Kate Brumback and Ben Nadler of The Associated Press.
A Section on 10/02/2019