Last week, Attorney General Ken Cuccinelli issued an opinion on whether or not the Commonwealth can regulate the operations of abortion clinics. This opinion came at the request of Del. Bob Marshall (R-Manassas) and Sen. Ralph Smith (R-Botetourt). Cuccinelli ruled after thoroughly reviewing the existing law and other court decisions that the Commonwealth could regulate abortion clinics.
The state has long regulated outpatient surgical facilities and personnel to ensure a certain level of protection for patients. There is no reason to hold facilities providing abortion services to any lesser standard for their patients. Even pharmacies, funeral homes, and veterinary clinics are regulated by the state.
The attorney general’s official opinions do not create new law. Instead, the opinions represent the attorney general’s analysis of the current state of the law based on his thorough review of existing law and relevant prior court decisions.
Here are the opinions sent to Del. Marshall and Sen. Smith.
Meanwhile, the opponents of the Attorney General’s decision continue to argue that it will cause abortion clinics to shut down and impair a woman’s right to obtain an abortion. They fail to recognize that the Attorney General was merely releasing an opinion based on legislative requests. Abortion clinics are just like any other outpatient surgical clinic, and they should be held to the same standards as facilities, who specialize in outpatient surgical procedures.
