youngkin
Gov. Glenn Youngkin. Courtesy of Appalachian School of Law.

RICHMOND โ€“ Within an hour of the U.S. Supreme Courtโ€™s decision to send abortion back to the states, Gov. Glenn Youngkin said that he asked four Republican lawmakers โ€“ including two from Bedford County โ€“ to draft legislation that would โ€œchart the most successful path forwardโ€ for the commonwealth on this issue.

โ€œThe Supreme Court of the United States has rightfully returned power to the people and their elected representatives in the states,โ€ Youngkin said in a statement. โ€œIโ€™m proud to be a pro-life governor and plan to take every action I can to protect life.โ€

In one of the most momentous and controversial decisions in decades, the court ruled Friday in Dobbs v. Jackson Womenโ€™s Health Organization that the Constitution does not guarantee a right to abortion. By a 5-4 vote, the courtโ€™s conservative majority overturned the 1973 decision in Roe v. Wade that had stood as one of the most debated rulings in the courtโ€™s history, allowing states to decide if abortions should be sanctioned.

The group of lawmakers Youngkin tasked with preparing legislation for the 2023 General Assembly session include state Sen. Steve Newman, Sen. Siobhan Dunnavant, Del. Kathy Byron and Del. Margaret Ransone. All four are staunch opponents of abortion. Youngkin said that they would join his administration in an effort to โ€œbring together legislators and advocates from across the commonwealth on this issue to find areas where we can agree and chart the most successful path forward.โ€

In a meeting with reporters, editors and editorial writers at The Washington Post Friday morning, Youngkin said that he will seek to ban most abortions after 15 weeks of pregnancy, but he added that setting the cutoff at 20 weeks might be necessary to attract more consensus in a divided legiuslature. He also said he supports exceptions for rape, incest and cases where the life of the mother is at risk.

Under current law, abortions are legal in the commonwealth in the first and second trimesters. They are only legal in the third trimester if continuing the pregnancy โ€œis likely to result in the death of the woman or substantially and irremediably impair the mental or physical health of the woman.โ€ Any changes to the law must pass in the Senate, where Democrats still hold a one-seat majority. 

Newman, in a statement, echoed Youngkinโ€™s proposal. โ€œI will work with the governorโ€™s administration and other pro-life legislators to craft a bill that is viable to pass a Democrat-controlled Senate,โ€ he said. โ€œIt will be a major victory to limit abortions in Virginia to 15 weeks of gestation. I invite both Democrats and Republicans to join the governor in taking this clear step toward protecting children and their mothers.โ€

Other Virginia Republicans rejoiced when the news of the ruling broke on Friday. โ€œThe Supreme Court of the United States today corrected a nearly five-decades old decision and returned power to the states as it relates to abortion,โ€ said Del. Todd-Gilbert, R-Shenandoah County, the Speaker of the House of Delegates. โ€œAll Virginians want fewer abortions, not more, and House Republicans stand ready to achieve that goal. Our Caucus is ready to work with Democrats to protect the life of unborn children, particularly those who science has proven can feel pain in the womb,โ€ Gilbert said.

In a joint statement, โ€‹โ€‹Senate Minority Leader Tommy Norment, Jr, R-James City County, Caucus Chairman Ryan McDougle, R-Hanover County, Caucus Co-Chairman Mark Obenshain, R-Rockingham County, and caucus whips Bill Stanley, Jr., R-Franklin County, and Bryce E. Reeves, R-Spotsylvania, said that the courtโ€™s ruling returns to the people โ€“ through their elected representatives in the states โ€“ decisions regarding the protection of human life, specifically unborn children and their mothers.

โ€œThis reversal of the courtโ€™s previous decisions undoubtedly will result in lawmakers of both parties introducing legislation for the General Assembly to consider during its 2023 regular session. Senate Republicans stand ready to fulfill our duty by giving a fair hearing to legislation related to all perspectives on this and every issue,โ€ the statement said. 

Del. Wren Williams, R-Patrick County, called the historic ruling โ€œthe biggest win for life, liberty and limited governmentโ€ since the Emancipation and the fall of Jim Crow. โ€œI applaud the justices for standing firm in their opinion, in the face of a historic leak attacking SCOTUSโ€™s integrity, a failed assassination attempt, and relentless pressure and threats from the media, Democrat politicians, and far-Left activists,โ€ Williams said.

Del. Marie March, R-Floyd, who will face Williams in her districtโ€™s GOP primary next year based on the recently redrawn maps, said that โ€œlife has won a major victoryโ€ Friday. โ€œThis is much more than a political issue, it is a moral obligation that we have to protect the most innocent among us. I stand humbled and honored to lead the fight to protect life with this important legislation next session,โ€ March said.

But Del. Sam Rasoul of Roanoke โ€“ the lone Democrat from Southwest Virginia in the House of Delegates โ€“ said he is โ€œdeeply troubledโ€ by the ruling handed down by the Supreme Court. โ€œIt is apparent that the court is no longer an a-political branch of our government. The Dobbs v. Jackson Women’s Health Organization ruling is blatantly political in overturning Roe v. Wade. The impact of this ruling is going to be immense, likely overturning decades of precedents and causing harm to millions of Americans,โ€ Rasoul said. 

And Jacqueline Woodbridge, a spokeswoman for the Senate Democrats, said that while the courtโ€™s decision to overturn Roe v. Wade has been expected, Senate Democrats are โ€œshocked and saddenedโ€ that nearly 50 years of precedent has been destroyed that protected a personโ€™s right to medical privacy in reproductive health. โ€œThe whiplash and lack of judicial integrity on the part of the six Justices who voted to revoke the constitutional right to an abortion is staggering,โ€ she said.

Woodbridge added that efforts by Republicans in Virginia and across the nation to restrict a personโ€™s right to medical privacy relating to abortion and reproductive health services will โ€œno doubt be redoubled with the fall of Roe v. Wade today,โ€ Senate Democrats remain strong to protect the right to choose in the commonwealth and will not back down โ€œMake no mistake โ€“ we will protect a personโ€™s right to choose in Virginia.โ€

Josh Throneburg, the Democratic nominee in Virginiaโ€™s 5th congressional district, said that he was โ€œdeeply disappointedโ€ with the ruling. โ€œWomen who are pregnant should make decisions about their pregnancy, not the government,โ€ Throneburg said. โ€œAnd letโ€™s be clear: this decision will do nothing to end abortion in this country. It will make it more dangerous, and the burden will fall heaviest on the people who are least able to shoulder it: poor women, women of color, victims of assault, and young women with limited resources.โ€

Throneburgโ€™s opponent, Rep. Bob Good, R-Campbell County, took to Twitter: โ€œThank God for the SCOTUSโ€™s courage. May Republicans in Congress match that courage by demanding a vote on the Life at Conception Act, and finally bring an end to the atrocity of abortion in America.โ€

In Washington, Goodโ€™s colleague Rep. Morgan Griffith, R-Salem, said that Roe v. Wade was a โ€œconstitutional errorโ€ that has produced decades of tragedy. โ€œThe Supreme Court got the law right today in Dobbs,โ€ Griffith said. โ€œThe court has returned to the individual states the ability to make their own decisions on this issue. Our task going forward from this decision is to carry on the hard but rewarding work of building a culture that protects, respects, and cherishes life.โ€

But the two U.S. senators from Virginia โ€“ both Democrats โ€“ scolded the courtโ€™s decision. โ€œI am deeply disturbed that the Supreme Court has overturned Roe v. Wade and Planned Parenthood v. Casey, upsetting decades of precedent protecting the right of women to make fundamental personal decisions about contraception and abortion without unnecessary government interference,โ€ said Sen. Tim Kaine. โ€œThatโ€™s why Iโ€™ve been engaged in efforts in the Senate to codify the basic framework of Roe v. Wade and related cases into federal law. Weโ€™re not going to give up on the fight to protect the right to choose.โ€

Sen. Mark Warner said that the ruling jeopardizes the health and autonomy of millions of American women and โ€œturns back the clock on nearly 50 years of settled and reaffirmed lawโ€ โ€“ reflecting a court that has โ€œincreasingly issued politicized rulings that undermine the fundamental rightsโ€ of Americans. 

โ€œThis decision will take control over personal health care decisions away from individuals and give it to politicians in state legislatures across the country. I am heartbroken for the generations of women who now have fewer rights than when they were born, many of whom will be forced into life-threatening or prohibitively expensive circumstances to access health care as a result of this radical decision,โ€ Warner said.

Markus Schmidt was a reporter for Cardinal News.