Virginia’s Physician-Only Law for First Trimester Abortion: Maintaining the Unduly Burdensome Law Under Falls Church Medical Center, LLC v. Oliver and Its Subsequent Amendment

Authors

Emily M. Gindhart, University of Richmond School of Law

Abstract

This Comment seeks to critique the Falls Church Medical Center’s holding that Virginia’s first-trimester physician-only law is not an undue burden on the right to abortion. Part I is an overview of the physician-only law, discussing the historical roots of the law, the impacts of the law on access to first-trimester abortion, related laws in other jurisdictions, and a survey of research conducted on the overall safety and effectiveness of APCs as abortion providers. Part II is an overview of the Falls Church Medical Center’s three decisions. Part III is an undue burden analysis of the physician-only law, which shows, in light of the lack of health benefits of the physician-only law and the substantial burden to access it creates, the law should be found unconstitutional. Part IV analyzes the physician-only law as amended to include licensed nurse practitioners. Part V looks to Virginia’s scope of practice laws for APCs as an assurance that only medically trained persons with education, knowledge, and experience to provide first-trimester abortions will provide these abortions.

Recommended Citation

Emily M. Gindhart, Virginia’s Physician-Only Law for First Trimester Abortion: Maintaining the Unduly Burdensome Law Under Falls Church Medical Center, LLC v. Oliver and Its Subsequent Amendment, 55 U. Rich. L. Rev. 347 (2020).
Available at: https://scholarship.richmond.edu/lawreview/vol55/iss1/12