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Attorney General of Virginia

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Commonwealth of Virginia
Office of the Attorney General

Mark Herring
Attorney General

202 North Ninth Street
Richmond, Virginia 23219


Contact: Michael Kelly, OAG
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~ Herring has fought at every opportunity to block Texas’s unconstitutional abortion ban and the system of vigilante enforcement it creates ~

RICHMOND — Attorney General Mark R. Herring today announced his commitment to fighting Texas’s unconstitutional abortion ban when the Supreme Court hears two cases involving the ban in just ten days.


“Women in Texas and across the country are counting on the Supreme Court to uphold its unbroken, fifty years of precedent recognizing the constitutional right to an abortion,” said Attorney General Herring. “That’s why I’m encouraged to see the Court take up this case in such an extraordinarily expedited fashion, but share the extreme disappointment of Justice Sotomayor that this wildly unconstitutional and demeaning law was not immediately blocked while the Court considers the cases.


“Every day this abortion ban remains in effect infringes on the rights of women, undermines the rule of law, and encourages more states to empower legal vigilantes to harass, intimidate, and intrude on women’s most personal and private decisions. And to make matters worse, the Texas scheme rewards these vigilantes with bounties in the form of legal fees against women and doctors. Texas and its conservative allies must not be rewarded for crafting a convoluted enforcement scheme for the explicit purpose of avoiding judicial review of its blatantly unconstitutional abortion ban.


“I have already fought in court to strike down this disgusting, unconstitutional abortion ban, and now that the Supreme Court is taking up the matter, I will ensure that Virginia stands with women and their constitutional right to make their own healthcare decisions.”


Attorney General Herring urged the Supreme Court to block SB8 while court cases challenging the ban were allowed to proceed. He supported the Biden Administration’s lawsuit against the ban, and helped secure a preliminary injunction that temporarily blocked the ban from being enforced.


Attorney General Herring has been a strong advocate for women’s healthcare and reproductive rights in Virginia. Last month, Attorney General Herring led a coalition of 21 attorneys general in filing an amicus brief in Planned Parenthood South Atlantic v. Wilson arguing that South Carolina’s six-week abortion ban harms women’s healthcare and a lower court’s ruling blocking the law should be upheld. He has stood against attacks on women’s reproductive freedom and has fought in court to defend women’s access to comprehensive healthcare services, including abortion and birth control. He issued an official advisory opinion that helped stop an abortion ban in Virginia, and one that protected women’s health clinics from expensive and medically unnecessary retrofits that would have closed many Virginia women's health clinics.


Attorney General Herring successfully fought alongside his colleagues in the Whole Women’s Health case to strike down Texas’s onerous, medically unnecessary regulations and he has fought for women’s reproductive justice around the country, working with colleagues to oppose medically unnecessary restrictions on abortion in Ohio and Alabama. Additionally, he continuously fought against the Trump Administration’s attacks on women’s access to the full range of reproductive health care services and contraception options.