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Virginia Judge Allows Post-Election Challenge To Late-Term Abortion Amendment

The Democrat gerrymander effort failed because of similar procedural concerns.

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A Virginia judge has set a hearing date for a challenge to Virginia’s abortion-on-demand constitutional amendment on the ballot this November, denying the state government’s motion to prevent the hearing from proceeding.

Judge Jack Hurley of the Tazewell Circuit Court denied the commonwealth’s motion and set a hearing date for Nov. 13, ten days after Election Day. In that hearing the Founding Freedom Law Center (FFLC) will argue for invalidating the abortion amendment if it passes on Election Day. Hurley is the same judge who consistently ruled against the Democrats’ power-grab gerrymander that would have rigged congressional districts to give Democrats 10 seats and Republicans one. Democrats ultimately lost that gamble in the Supreme Court of Virginia.

“This amendment is the most consequential question Virginians will face in a generation, and they are being asked to vote on it without being told the truth about what it does,” Victoria Cobb, president of The Family Foundation of Virginia (of which FFLC is the legal arm), said at the time FFLC filed the complaint. “The Family Foundation is in court because the legislature failed in its duty to ask the question honestly, and Virginians deserve better than a rigged ballot.”

FFLC’s lawsuit to prevent the certification of election results in favor of the ballot amendment states that the language used on the no-restrictions abortion measure “profoundly misleads by omission and misrepresentation” the voters when asking them to vote for it.

The question for the measure reads:

Should the........

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