Repeal Act (Virginia)
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The Repeal Act (HB 2491) was a 2019 bill proposed in Virginia by
Delegate Delegate or delegates may refer to: * Delegate, New South Wales, a town in Australia * Delegate (CLI), a computer programming technique * Delegate (American politics), a representative in any of various political organizations * Delegate (United S ...
Kathy Tran Kathy Tran (born 1978) is an American politician who currently serves in the Virginia House of Delegates. A Democrat, she has represented the 42nd House of Delegates district since 2018. Early life and career Born in Vietnam, Tran and her pa ...
that would have repealed some of the state's restrictions on
abortion Abortion is the termination of a pregnancy by removal or expulsion of an embryo or fetus. An abortion that occurs without intervention is known as a miscarriage or "spontaneous abortion"; these occur in approximately 30% to 40% of pregn ...
. The bill would have reduced the number of physicians required to approve a third-term abortion (from three to one), and lowered the threshold for that approval to the requirement that there be a medical reason for the abortion, from the previous requirement that the pregnant woman be "substantially and irremediably" harmed by continuing her pregnancy.HB 2491 Abortion; eliminate certain requirements.
/ref> Similar bills had been introduced in previous years, and one was also introduced by
state Senator A state senator is a member of a state's senate in the bicameral legislature of 49 U.S. states, or a member of the unicameral Nebraska Legislature. Description A state senator is a member of an upper house in the bicameral legislatures of 49 ...
Jennifer Boysko Jennifer Barton Boysko (born November 16, 1966) is an American politician from the Commonwealth of Virginia. She represents the 33rd district in the Virginia Senate. Previously, she represented the 86th district in the Virginia House of Delegat ...
in the Senate in 2019. The bill was tabled on January 28, 2019 by House Republicans. Testimony about the bill's provisions by Tran and comments about it by
Virginia Governor The governor of the Commonwealth of Virginia serves as the head of government of Virginia for a four-year term. The incumbent, Glenn Youngkin, was sworn in on January 15, 2022. Oath of office On inauguration day, the Governor-elect takes th ...
Ralph Northam Ralph (pronounced ; or ,) is a male given name of English, Scottish and Irish origin, derived from the Old English ''Rædwulf'' and Radulf, cognate with the Old Norse ''Raðulfr'' (''rað'' "counsel" and ''ulfr'' "wolf"). The most common forms ...
elicited controversy, with conservatives accusing Virginia Democrats of supporting
infanticide Infanticide (or infant homicide) is the intentional killing of infants or offspring. Infanticide was a widespread practice throughout human history that was mainly used to dispose of unwanted children, its main purpose is the prevention of resou ...
.


Provisions

According to the legislative summary of the bill, it:


Sponsors

In addition to Tran, the House bill was co-sponsored by Delegates
Hala Ayala Hala S. Ayala (born 1973) is an American politician who represented the 51st district in the Virginia House of Delegates from 2018 to 2022. She was the Democratic nominee in the 2021 Virginia lieutenant gubernatorial election, losing to Republ ...
,
Jennifer Carroll Foy Jennifer Denise Carroll Foy (born September 25, 1981) is an American lawyer and politician. A member of the Democratic Party, she is a public defender by occupation. Carroll Foy was elected to represent Virginia's 2nd House of Delegates district ...
,
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Wendy Gooditis Gwendolyn Wallace Gooditis is an American real estate agent, educator, and politician, known as Wendy Gooditis. A Democrat, Gooditis was elected in November 2017 to represent Virginia's 10th House of Delegates district in the Virginia House ...
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Patrick Hope Patrick Alan Hope (born March 6, 1972) is an American politician. Since 2010, he has served in the Virginia House of Delegates, representing the 47th district in Arlington County, outside Washington, D.C. Hope is a member of the Democratic Party. ...
, Jay Jones,
Kaye Kory L. Kaye Kory (born April 18, 1947) is an American politician. Since 2010 she has served in the Virginia House of Delegates, representing the 38th district in Fairfax County. She served on the Fairfax County School Board 1999–2009. Kory i ...
,
Paul Krizek Paul Eugene Krizek (born July 22, 1961) is an American politician. He has served in the Virginia House of Delegates since 2016, representing the 44th district of Virginia in Fairfax County. Krizek is a member of the Democratic Party. Krizek ser ...
,
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Alfonso H. Lopez Alfonso Hoffman Lopez (born July 28, 1970) is an American politician, former Obama administration official, and member of the Virginia House of Delegates. He has served in the House of Delegates since January 2012, representing the 49th distric ...
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Delores McQuinn Rev. Delores L. McQuinn (born November 26, 1954 in Henrico County, Virginia) is an American politician of the Democratic Party. On January 6, 2009 she was elected to the Virginia House of Delegates, representing the 70th district, made up of pa ...
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Sam Rasoul Salam "Sam" Rasoul (born June 30, 1981) is an American politician serving as a member of the Virginia House of Delegates from the 11th district. He is one of the two Muslim members of the Virginia General Assembly. In November 2020, Rasoul announ ...
,
David A. Reid David Alan Reid (born January 14, 1962) is an American politician and retired US Navy Reserve commander. Reid was elected to the Virginia House of Delegates in 2017. He is a Democrat representing the 28th District, which includes much of easter ...
, Debra Rodman,
Marcus Simon Marcus Bertram Simon (born July 1, 1970) is an American lawyer and politician from Virginia. A member of the Democratic Party, Simon is the member of the Virginia House of Delegates for the 53rd district, which includes Falls Church and parts ...
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Cheryl Turpin Cheryl Baldwin Turpin (born 1963) is an American politician who served as the delegate in the Virginia House of Delegates for the 85th district representing a part of Virginia Beach from 2018 to 2020. She is a member of the Democratic Party. E ...
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Roslyn Tyler Roslyn C. "Roz" Tyler (née Cain; born July 18, 1961, in Greensville County, Virginia) is an American politician of the Democratic Party. Since 2006 she has been a member of the Virginia House of Delegates. From 2006 to 2022, she represented t ...
, and Schuyler VanValkenburg.Sponsors, HB 2491 Abortion; eliminate certain requirements.
/ref> State Senators Jennifer Boysko and
Jennifer McClellan Jennifer Leigh McClellan (born December 28, 1972) is an American lawyer and politician serving as the Virginia state senator from the 9th district since 2017. A member of the Democratic Party, she was previously elected to the Virginia House of ...
signed on as the bill's patrons in the Senate.


Tran's testimony

The House bill was referred to a subcommittee of the House Committee for Courts of Justice. Tran testified about her bill to the subcommittee on January 28, 2019. Delegate
Todd Gilbert Christopher Todd Gilbert (born October 19, 1970) is an American politician currently serving as Speaker of the Virginia House of Delegates. He has been a Republican member of the Virginia House of Delegates since 2006, representing the 15th dis ...
, chairman of the subcommittee, asked Tran: "How late in the third trimester could a physician perform an abortion if he indicated it would impair the mental health of the woman?"Political firestorm erupts after abortion bill exchange goes viral
( WTVR)
Tran replied: "Or physical health." Gilbert then said: "Okay. I'm talking about the mental health." Tran replied: "So, I mean, through the third trimester. The third trimester goes all the way up to 40 weeks." Gilbert then asked: "Okay, but to the end of the third trimester?" Tran replied: "Yep. I don't think we have a limit in the bill."Virginia delegate receives national attention for introducing bill to loosen restrictions on late-term abortions
(WDBJ)
Pressing further, Gilbert asked Tran if a woman who has physical signs she is about to give birth could request an abortion if a physician said it could impair her mental health.Outrage as video shows Virginia abortion bill sponsor saying plan would allow termination up until birth
(Fox News)
He clarified his question by saying: "Where it's obvious that a woman is about to give birth. She has physical signs that she is about to give birth. Would that still be a point at which she could request an abortion if she was so-certified? She's dilating."Video of Virginia lawmakers debating abortion goes viral
(WTKR)
Dem bill in Virginia would loosen restrictions on late-term abortions
(The Hill)
Tran replied: "Mr. Chairman, that would be a decision that the doctor, the physician, and the woman would make at that point." Gilbert said: "I understand that. I'm asking if your bill allows that." Tran replied: "My bill would allow that, yes." The bill was tabled (or voted down) in the subcommittee on January 28, 2019, by a 5–3 vote, with all Republicans voting to table it and all Democrats voting not to table it. The related Senate bill had been considered without extensive questioning and voted down in a Senate committee on an 8–7 party line vote on January 17, 2019.UPDATED: Trump reacts after Va. Republicans share video of lawmaker backing late-term abortions; Democrats call it an ‘orchestrated ambush’
(Richmond Times-Dispatch)


Response

Video of Tran's exchange with Gilbert was posted to
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by Virginia Republicans and
went viral Viral phenomena or viral sensation are objects or patterns that are able to replicate themselves or convert other objects into copies of themselves when these objects are exposed to them. Analogous to the way in which viruses propagate, the ter ...
, receiving millions of views on Twitter.'Orchestrated ambush’: VA Dems call out GOP over abortion bill
(NBC 12)
It sparked outrage, especially in the wake of
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's passage of the
Reproductive Health Act The Reproductive Health Act is a New York statute enacted on January 22, 2019, that expanded abortion rights, decriminalized abortion, and eliminated several restrictions on abortion in the state. The RHA repealed §4164 of the state Public Healt ...
, and inflamed political divisions.
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took to the House floor to denounce the bill in a dramatic speech, something speakers rarely do, and said he worried that Virginia would adopt more liberal abortion laws such as New York's. Several news publications noted that Virginia law already allows third-trimester abortions up to the point of dilating, although only when three physicians agree that the mother's physical or mental health would be "substantially and irremediably" harmed by continued pregnancy. The Repeal Act, if passed, would have allowed such an abortion to occur if a single physician determines that continued pregnancy poses any mental or physical health risk to the mother. Tran deleted her
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account soon after the criticism began, in response to threats against herself and her family. On January 30, 2019,
Virginia Governor The governor of the Commonwealth of Virginia serves as the head of government of Virginia for a four-year term. The incumbent, Glenn Youngkin, was sworn in on January 15, 2022. Oath of office On inauguration day, the Governor-elect takes th ...
Ralph Northam Ralph (pronounced ; or ,) is a male given name of English, Scottish and Irish origin, derived from the Old English ''Rædwulf'' and Radulf, cognate with the Old Norse ''Raðulfr'' (''rað'' "counsel" and ''ulfr'' "wolf"). The most common forms ...
was asked on
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's "Ask the Governor" program about the bill and a situation in which a woman were to desire an abortion as she's going into
labor Labour or labor may refer to: * Childbirth, the delivery of a baby * Labour (human activity), or work ** Manual labour, physical work ** Wage labour, a socioeconomic relationship between a worker and an employer ** Organized labour and the labour ...
. Northam responded: "When we talk about third-trimester abortions ... it's done in cases where there may be severe deformities, there may be a fetus that's non-viable. So, in this particular example, if a mother is in labor, I can tell you exactly what would happen. The infant would be delivered. The infant would be kept comfortable. The infant would be resuscitated if that's what the mother and the family desired, and then a discussion would ensue between the physicians and the mother", leaving open what would happen next. According to ''
The Washington Post ''The Washington Post'' (also known as the ''Post'' and, informally, ''WaPo'') is an American daily newspaper published in Washington, D.C. It is the most widely circulated newspaper within the Washington metropolitan area and has a large n ...
'', Northam's office later clarified that Northam was "talking about prognosis and medical treatment, not ending the life of a delivered baby", but Northam's comments were interpreted by many Republicans as supporting
infanticide Infanticide (or infant homicide) is the intentional killing of infants or offspring. Infanticide was a widespread practice throughout human history that was mainly used to dispose of unwanted children, its main purpose is the prevention of resou ...
. Elected officials and pundits from around the country weighed in, and "Twitter erupted", according to ''The Washington Post''.
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Marco Rubio Marco Antonio Rubio (born May 28, 1971) is an American politician and lawyer serving as the senior United States senator from Florida, a seat he has held since 2011. A member of the Republican Party, he served as Speaker of the Florida House ...
tweeted he "never thought I would see the day America had government officials who openly support legal
infanticide Infanticide (or infant homicide) is the intentional killing of infants or offspring. Infanticide was a widespread practice throughout human history that was mainly used to dispose of unwanted children, its main purpose is the prevention of resou ...
", and U.S. Senator
Ben Sasse Benjamin Eric Sasse ( ; born February 22, 1972) is an American politician and academic administrator serving as the junior United States senator for Nebraska since 2015. He is a member of the Republican Party. Born in Plainview, Nebraska, Sas ...
said: "I don't care what party you're from — if you can't say that it's wrong to leave babies to die after birth, get the hell out of public office." Sasse said he would seek to fast-track the Born-Alive Abortion Survivors Protection Act in the Senate, in response to the controversy.
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weighed in, saying he was "surprised that Northam did that, I've met him a number of times", and saying of Tran's comments: "I thought it was terrible. Do you remember when I said Hillary Clinton was willing to rip the baby out of the womb? That's what it is, that's what they're doing, it's terrible." Trump revisited the topic in his
2019 State of the Union Address The 2019 State of the Union Address was given by the 45th president of the United States, Donald Trump, on February 5, 2019, at 9:00 p.m. EST, in the chamber of the United States House of Representatives to the 116th United States Congress. It w ...
, when he inaccurately claimed that Northam would "execute a baby after birth". A spokeswoman for Northam later issued a statement, saying: "No woman seeks a third trimester abortion, except in the case of tragic or difficult circumstances, such as a non-viable pregnancy or in the event of severe fetal abnormalities, and the governor's comments were limited to the actions physicians would take in the event that a woman in those circumstances went into labor." Democrat House Minority Leader
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accused Republicans of an "orchestrated ambush" against Tran, and the
Democratic Party of Virginia The Democratic Party of Virginia (DPVA/VA Dems) is the Virginia affiliate of the Democratic Party based in Richmond, Virginia. Historically, the Democratic Party has dominated Virginia politics. Since the 1851 Virginia gubernatorial election, the ...
said Republicans sought to "deliberately misrepresent" the bill and were engaging in "fear-mongering" that represented "Trump-style national politics, rather than the Virginia way". Gilbert responded by saying: "What my Democratic colleagues are most concerned about is what this moment actually revealed. It was a moment of unbridled honesty about their agenda and their legislation, and what it actually does." Delegate
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, who had co-sponsored the bill, sent an e-mail to her constituents apologizing for co-sponsoring the bill, saying she didn't fully understand the bill and believed it would only repeal "onerous" restrictions on abortion enacted in 2012.Virginia lawmaker says she wouldn't have co-sponsored controversial abortion bill if she had read it closely
(Richmond Times-Dispatch)
Adams said that while the bill did repeal those restrictions, she "did not exercise due diligence", adding, "it sought to do much more", Adams said. "Had I researched each line of removed language, I would have seen that, and known that there was more research to be done. None of this changes that I believe women must have safe, legal options for abortion; but I also would have seen the utility of language that provides guidelines for how to ensure this." Conservatives predicted that efforts by Democrats to expand abortion would become a potent issue in the 2020 elections and play in to concerns that the Democratic Party is moving too far to the left. ''
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'' columnist John McCormack said most Democratic candidates for president in 2020 had already shown support for the Repeal Act through their sponsorship of the Women's Health Protection Act, a federal law proposed in Congress that would override state restrictions on third-trimester abortions.Most 2020 Democrats Back an Abortion Bill Just Like Virginia's
(National Review)


See also

*
Reproductive Health Act The Reproductive Health Act is a New York statute enacted on January 22, 2019, that expanded abortion rights, decriminalized abortion, and eliminated several restrictions on abortion in the state. The RHA repealed §4164 of the state Public Healt ...


Footnotes


References

{{reflist Abortion law Abortion in Virginia 2019 in Virginia 2019 controversies in the United States History of women in Virginia