I write in support of the Board of Health’s proposed amendments to the Regulations for Licensure of Abortion Facilities, as well as Governor McAuliffe’s recommendations as reflected in his Approval Memo dated March 6, 2016.

As a constitutional matter, the medical basis for statutes regulating abortions must be legitimate, and under existing Supreme Court law they cannot have the purpose or effect of placing a substantial obstacle in the path of Virginia women who seek to have abortions. Courts have looked to the following factors when considering whether these sorts of abortion regulations impose an “undue burden” on women’s constitutional rights: the likelihood that regulations will result in clinics closing; whether they will delay or deter patients from obtaining abortions; whether they lead to a significant increase in the cost of abortions; and whether they stigmatize abortion and undermine medical providers’ ability to exercise their own medical judgment. Courts consider these factors in light of the lived experiences of the women affected by the regulations and the combination of socioeconomic factors that may make such changes especially impactful for them.

As currently drafted, the existing regulations are suspect as a constitutional matter, and harmful to women in the Commonwealth as a practical one. Many of the existing regulations have no clear nexus to women’s health, and are not imposed on other medical procedures or practices. Instead, they raise the very real specter of shuttering reproductive health centers, making it difficult, if not impossible, for some women to procure abortions, and increasing costs associated with obtaining them. As we have seen in Texas, the closing of abortion providers can drive women underground, across international and state lines, and can also lead to later-term abortions, which are more costly and dangerous. Clinic closures would also mean that fewer women in the Commonwealth would have access to the affordable, comprehensive reproductive health services they rely on to plan their families and avoid unintended pregnancies.

I urge the Board to adopt the proposed amendments, including the Governor’s recommendations, to protect the health, safety, and confidentiality of women seeking abortion services in the Commonwealth, and to ensure the availability of safe, high-quality reproductive healthcare providers.