Virginia Votes Against Late-Term Abortion: What's Next?

In 2019, Virginia Governor Ralph Northam faced backlash for his support of a bill that would have loosened restrictions on late-term abortions. The bill, sponsored by Democrat Kathy Tran, failed to pass the subcommittee and sparked controversy, with critics accusing Northam of endorsing infanticide. The bill aimed to remove the requirement of three physicians to certify the necessity of a third-trimester abortion and sought to expand the criteria for abortions beyond substantial and irremediable risks to the mother's life. Northam defended his position, stating that these decisions should be made by physicians and mothers, especially in cases of severe deformities or non-viable fetuses. This incident ignited a broader debate on abortion laws in Virginia and the role of government in these personal medical choices.

Democrats wanted to remove the language substantial and irremediable from the law

In 2019, Virginia Democrats proposed a bill to remove the "substantial and irremediable" clause from the state's abortion law. The bill, sponsored by Democratic lawmaker Kathy Tran, aimed to remove restrictions on late-term abortions. Under the existing law, abortions during the third trimester are only permitted if the pregnancy poses a "substantial and irremediable" risk to the mother's life. The proposed bill sought to allow late-term abortions if the mother's physical or mental health was at risk.

The "substantial and irremediable" clause has been a point of contention for Democrats, who argue that it sets a high bar for women seeking late-term abortions. By removing this language, the bill would have given women more flexibility in making decisions about their health and pregnancies.

During a committee hearing, Republican Del. Todd Gilbert questioned Tran about the scope of her proposed bill. He asked whether it would allow a woman who is dilating to request an abortion if a doctor certified that her mental health was impaired. Tran responded by saying, "My bill would allow that, yes." This response sparked intense backlash from anti-abortion advocates, and footage of her remark quickly circulated on social media.

However, Tran later clarified that she had misspoken during the hearing. She told The Washington Post, "I should have said: 'Clearly, no, because infanticide is not allowed in Virginia, and what would have happened in that moment would be a live birth.'"

The bill faced strong opposition from conservatives, who labelled it as promoting "infanticide". They argued that the bill would allow abortions up until the moment of childbirth. US President Donald Trump also weighed in, predicting that the bill would energize pro-life supporters. Despite the support from Democrats and the sponsorship of the measure, the bill failed to pass out of subcommittee.

The debate around Virginia's abortion law highlights the ongoing tension between those who support a woman's right to choose and those who advocate for stricter abortion restrictions. While Democrats aim to remove language that they believe sets an unreasonably high bar for late-term abortions, conservatives push back, concerned about the potential for abortions up until childbirth.

The bill would have allowed abortions if the mother's physical or mental safety was at risk

In 2024, a bill that would have removed restrictions on late-term abortions in Virginia was voted down. The bill was sponsored by Democrats and would have allowed abortions at any point in the pregnancy up until the point of childbirth in certain cases.

Under the existing Virginia law, third-trimester abortions are only permitted if the risk to the mother's life is "substantial and irremediable". The Democratic bill sought to allow for late-term abortions if the mother's physical or mental safety were at risk. The procedure would also have required the sign-off of only one doctor, instead of the three required under existing law.

Virginia's Democratic Governor Ralph Northam defended the bill, stating that it allowed termination "in cases where there may be severe deformities" or when there is a "foetus that's not viable" outside the womb. He gave the example of a mother in labour, explaining that:

> The infant would be delivered, the infant would be kept comfortable, the infant would be resuscitated if that's what the mother and the family desired. And then a discussion would ensue between the physicians and the mother.

However, critics of the bill labelled it "infanticide" and argued that it would have allowed abortions up to just seconds before the child's first breath.

The procedure would have required the sign-off of one doctor, instead of three

The proposed Virginia late-term abortion bill, which failed to be voted out of subcommittee, would have made significant changes to the state's existing abortion laws. One notable aspect of the bill was its provision to reduce the number of doctors required to sign off on a late-term abortion from three to one.

Currently, Virginia law mandates that, for a pregnancy to be terminated after the second trimester, three physicians must certify that it is necessary to prevent the woman's death or substantial and irremediable impairment of her mental or physical health. This multi-physician requirement serves as an important safeguard, ensuring that late-term abortions are only carried out in specific and necessary circumstances.

The bill, however, sought to remove this safeguard by requiring the sign-off of only one doctor. This change would have had significant implications for the abortion process in Virginia. By reducing the number of medical professionals involved in the decision-making process, the bill could have potentially increased the accessibility of late-term abortions in the state.

Proponents of the bill argued that decisions about abortions should be made by the mothers and their healthcare providers, without government involvement. They also emphasised that late-term abortions are rare and occur in tragic or difficult circumstances, such as when a fetus has severe deformities or is non-viable.

On the other hand, critics of the bill expressed concern that reducing the number of required physicians could lead to an increase in late-term abortions. They argued that the existing law, which requires the agreement of multiple physicians, helps to ensure that abortions at this stage of pregnancy are truly necessary and are not taken lightly.

The debate surrounding the Virginia late-term abortion bill highlights the complex and divisive nature of abortion legislation in the United States. While some advocate for increased access to abortion as a matter of reproductive rights, others emphasise the importance of restrictions to protect the lives of the unborn.

Governor Ralph Northam defended the bill, saying it allowed termination in cases of severe deformities or non-viable foetuses

In 2019, Virginia Governor Ralph Northam defended a bill that would have loosened restrictions on abortions later in pregnancy. In an interview with WTOP, a news radio station serving the Washington Metropolitan area, Northam stated that third-trimester abortions are "done in cases where there may be severe deformities, there may be a fetus that's non-viable".

He gave the following hypothetical example:

> If a mother is in labor, I can tell you exactly what would happen. The infant would be delivered, the infant would be kept comfortable, the infant would be resuscitated if that’s what the mother and the family desired, and then a discussion would ensue between the physicians and the mother.

Northam's comments were in response to a question about whether he supported a bill proposed by Virginia House Del. Kathy Tran, which would have eased some of the requirements for abortions in Virginia. The bill did not propose to extend the time limit for abortions in the state but rather aimed to reduce the number of physicians required to certify the operation from three to one and remove language requiring that the danger to the mother be "substantial and irremediable".

Northam's comments sparked controversy, with some interpreting them as an endorsement of infanticide. However, a spokesperson for Northam clarified that he had been referring to an extremely rare case of a nonviable pregnancy and that he was only describing the "tragic or difficult circumstances" often involved in late-term abortions. Northam's spokesperson further emphasised that "attempts to extrapolate these comments otherwise is in bad faith and underscores exactly why the governor believes physicians and women, not legislators, should make these difficult and deeply personal medical decisions".

Indeed, abortions later in pregnancy are incredibly rare. In 2021, approximately 93% of abortions in the US occurred at or before 13 weeks' gestation, while only 0.9% occurred at 21 weeks or later. Experts also noted that it is not physically possible to perform an abortion if a woman has already gone into labour naturally.

The bill sponsor, Kathy Tran, later said she misspoke in her defence of the bill

Virginia's late-term abortion bill, which would have removed restrictions on abortions in the state, was voted down. The bill, sponsored by Democrat Kathy Tran, a Delegate and former civil servant, would have allowed abortions at any point in the pregnancy up until the point of childbirth in certain cases. Tran has introduced and supported bills to expand reproductive rights, among other issues.

The bill caused an outcry from conservatives, with US President Donald Trump predicting the measure would energise his supporters. Critics labelled the bill infanticide.

Tran later said she misspoke in her defence of the bill. During a committee hearing, Republican Del. Todd Gilbert asked Tran whether her legislation would let a pregnant woman who is dilating request an abortion if a doctor certified that the woman's mental health was impaired. "My bill would allow that, yes," Tran replied. She later told The Washington Post that she should have said "clearly, no, because infanticide is not allowed in Virginia, and what would have happened in that moment would be a live birth."

The bill's other sponsor, Virginia's Democratic Governor Ralph Northam, also defended the bill in an interview with radio station WTOP. He gave a hypothetical example of a mother in labour, saying: "The infant would be delivered, the infant would be kept comfortable, the infant would be resuscitated if that's what the mother and the family desired. And then a discussion would ensue between the physicians and the mother."

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