Are Virginia’s New Abortion Rules the Worst Yet?

<a href="http://www.flickr.com/photos/j_benson/4299458012/sizes/m/in/photostream/" target="_blank">ibm4381</a>/Flickr

Fight disinformation: Sign up for the free Mother Jones Daily newsletter and follow the news that matters.


On Friday evening, Virginia’s Department of Health issued a strict new set of rules for abortion clinics—and women’s health advocates fear that facilities that can’t comply could be shuttered. 

The regulations require Virginia’s 22 clinics to meet strict new physical standards; pre-op rooms, for example, must measure at least 80 square feet, and operating rooms must measure 250 square feet. Hallways must be at least five feet wide. The requirements are based on the state’s 2010 guidelines for new outpatient surgical facilities.

Tarina Keene, executive director of NARAL Pro-Choice Virginia, told Mother Jones on Monday that the new rules may actually be the most strict regulations in the United States. “It would be challenging for the majority of our facilities to continue offering first-trimester care,” Keene said. “These are designed to really cease first-trimester abortion services in the Commonwealth of Virginia.”

The president of Washington, D.C.’s Planned Parenthood chapter has already told the Washington Post that she doesn’t believe that a clinic in Falls Church, Virginia, will be able to meet all of those requirements. Keene said that many other clinics in the state won’t be able to meet them, either—which she thinks is exactly the reason the Department of Health wrote them that way. “There’s no doubt in my mind that this is an attack on Roe,” said Keene. “You can ban abortion by making it inaccessible.”

Virginia isn’t the first to release a set of rules like this. Abortion rights advocates often refer to them as TRAP (“targeted regulation of abortion providers”) laws. Kansas got a got a good deal of attention in June when it released new rules that would have shut down all but one clinic in the state. A judge blocked those rules from taking effect, but the court battle over them continues.

Abortion rights advocates argue that the rules aren’t necessary; first-trimester abortions can and are performed safely in doctors’ offices like other outpatient services (for example, vasectomies). “These laws have nothing to do with improving patient outcomes and everything to do with making it more difficult to provide abortion services,” said Elizabeth Nash, a public policy associate with the Guttmacher Institute.

The Virginia rules come after the state legislature passed a law back in February that reclassified abortion clinics as hospitals. The law directed the state board of health to establish new rules specifically for abortion clinics, and because it was passed as “emergency” legislation, the state was expected to have them put in place within 280 days.

The rules released on Friday are the draft version; the board is slated to vote on the rules at a public meeting on September 15. After that, Gov. Bob McDonnell must sign them into law, which he is expected to do before the end of the year. Since these are emergency regulations, the board would then have to draft the permanent regulations, a process expected to take 12 to 18 months. Abortion rights advocates worry, though, that the emergency regulations could force clinics to shut down in the interim.

AN IMPORTANT UPDATE ON MOTHER JONES' FINANCES

We need to start being more upfront about how hard it is keeping a newsroom like Mother Jones afloat these days.

Because it is, and because we're fresh off finishing a fiscal year, on June 30, that came up a bit short of where we needed to be. And this next one simply has to be a year of growth—particularly for donations from online readers to help counter the brutal economics of journalism right now.

Straight up: We need this pitch, what you're reading right now, to start earning significantly more donations than normal. We need people who care enough about Mother Jones’ journalism to be reading a blurb like this to decide to pitch in and support it if you can right now.

Urgent, for sure. But it's not all doom and gloom!

Because over the challenging last year, and thanks to feedback from readers, we've started to see a better way to go about asking you to support our work: Level-headedly communicating the urgency of hitting our fundraising goals, being transparent about our finances, challenges, and opportunities, and explaining how being funded primarily by donations big and small, from ordinary (and extraordinary!) people like you, is the thing that lets us do the type of journalism you look to Mother Jones for—that is so very much needed right now.

And it's really been resonating with folks! Thankfully. Because corporations, powerful people with deep pockets, and market forces will never sustain the type of journalism Mother Jones exists to do. Only people like you will.

There's more about our finances in "News Never Pays," or "It's Not a Crisis. This Is the New Normal," and we'll have details about the year ahead for you soon. But we already know this: The fundraising for our next deadline, $350,000 by the time September 30 rolls around, has to start now, and it has to be stronger than normal so that we don't fall behind and risk coming up short again.

Please consider pitching in before moving on to whatever it is you're about to do next. We really need to see if we'll be able to raise more with this real estate on a daily basis than we have been, so we're hoping to see a promising start.

—Monika Bauerlein, CEO, and Brian Hiatt, Online Membership Director

payment methods

AN IMPORTANT UPDATE ON MOTHER JONES' FINANCES

We need to start being more upfront about how hard it is keeping a newsroom like Mother Jones afloat these days.

Because it is, and because we're fresh off finishing a fiscal year, on June 30, that came up a bit short of where we needed to be. And this next one simply has to be a year of growth—particularly for donations from online readers to help counter the brutal economics of journalism right now.

Straight up: We need this pitch, what you're reading right now, to start earning significantly more donations than normal. We need people who care enough about Mother Jones’ journalism to be reading a blurb like this to decide to pitch in and support it if you can right now.

Urgent, for sure. But it's not all doom and gloom!

Because over the challenging last year, and thanks to feedback from readers, we've started to see a better way to go about asking you to support our work: Level-headedly communicating the urgency of hitting our fundraising goals, being transparent about our finances, challenges, and opportunities, and explaining how being funded primarily by donations big and small, from ordinary (and extraordinary!) people like you, is the thing that lets us do the type of journalism you look to Mother Jones for—that is so very much needed right now.

And it's really been resonating with folks! Thankfully. Because corporations, powerful people with deep pockets, and market forces will never sustain the type of journalism Mother Jones exists to do. Only people like you will.

There's more about our finances in "News Never Pays," or "It's Not a Crisis. This Is the New Normal," and we'll have details about the year ahead for you soon. But we already know this: The fundraising for our next deadline, $350,000 by the time September 30 rolls around, has to start now, and it has to be stronger than normal so that we don't fall behind and risk coming up short again.

Please consider pitching in before moving on to whatever it is you're about to do next. We really need to see if we'll be able to raise more with this real estate on a daily basis than we have been, so we're hoping to see a promising start.

—Monika Bauerlein, CEO, and Brian Hiatt, Online Membership Director

payment methods

We Recommend

Latest

Sign up for our free newsletter

Subscribe to the Mother Jones Daily to have our top stories delivered directly to your inbox.

Get our award-winning magazine

Save big on a full year of investigations, ideas, and insights.

Subscribe

Support our journalism

Help Mother Jones' reporters dig deep with a tax-deductible donation.

Donate