Vandergriff inaccurately describes bill that would have eased late-term abortion laws

Republican GayDonna Vandergriff has turned to abortion in her effort to portray Democrat Del. Schuyler VanValkenburg as "too extreme" for the 72nd House District in wetern Henrico County.

Vandergriff recently sent voters a mailer with a colored picture of a mother nuzzling a newborn, and a black and white shot of VanValkenburg in the background. "Did her life have value 10 minutes before she was born?" the capitalized print asks. "Socialist Democrat Schuyler VanValkenburg says no."

The flip side says "Schuyler VanValkenburg was the co-sponsor of the Democratic bill that would have allowed abortion until the moment of birth." We fact checked this statement.

Vandergriff’s mailer erroneously cites as its source a bill that made no mention of abortion. It would have required health insurers to cover pasteurized, donated human breast milk, which in rare instance is needed for infants. The measure never came up for a vote and died. 

Matt Williams, spokesman for Vandergriff’s campaign, said the correct source is an unsuccessful bill that would have eased the state abortion restrictions. It was introduced in January 2019 by Del. Kathy Tran, D-Fairfax. VanValkenburg was among 21 Democratic co-sponsors.

Debate focused on the bill’s provisions for rare third-trimester abortions, which are allowed if three physicians certify that a continued pregnancy would "likely" kill a woman or "substantially and irremediably" harm her mental or physical health.

The legislation would have lowered the threshold of certifying physicians to one. That doctor would have to attest that the pregnancy would damage a woman’s health. The "substantial and irremediable" test would have been repealed.

Tran, under tough questioning by Republicans during a Jan. 28 hearing, acknowledged her legislation would allow an abortion when a mother is dilating. Many Republicans claim the bill shows Democrats support "abortion to the time of birth." The bill died on a partisan 5-3 vote in a House subcommittee VanValkenburg doesn’t sit on.

Third trimester abortions are extremely rare; the state Department of Health has recorded two this century. But even with failure of Tran’s bill, they are legal in Virginia. The Supreme Court ruled in its 1973 Roe v Wade decision that states may prohibit an abortion after fetal viability if there are exceptions to protect the life or mental or physical health of the mother. 

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Ken Cuccinelli

stated on July 20, 2013 in a debate.

"Every (personhood) bill I’ve ever support has either had language that says we’re conforming to the constitutional rulings of the Supreme Court or something to that effect."

This undercuts Vandergriff’s claim that the bill would have "allowed abortion until the moment of birth." That possibility already existed. Virginia law allows third-trimester abortions if three doctors certify that "the continuation of the pregnancy is likely to result in the dealth of the woman or substantially and irremediably impair the mental or physical health of the woman." Tran’s bill would have eased those requirements.

Vandergriff is not the only candidate misstating the bill. During the course of writing this fact-check, Sen. Siobhan Dunnavant, R-Henrico, began making similar charges against her opponent, Del. Debra Rodman. Rodman also co-sponsored Tran’s bill and next to Tran while she was testified in the January hearing.

Dunnavant has sent a mailer saying Rodman "proposed legalizing abortion in the ninth month." Dunnavant is also running a TV ad saying, "Debra Rodman’s bill would allow late-term abortions for any reason up to the moment of birth."

Our ruling 

Vandergriff says VanValkenburg co-sponsored a bill that would have "allowed abortion until the moment of birth." 

She’s referring to a bill, introduced in January 2019. Vandergriff’s claim is misleading because third-trimester abortions were already protected by federal law and allowed in Virginia in extremely rare conditions when three doctors certify that pregnancy will "likely" kill the mother, or "substantially and irremediably" impair her mental or physical health.

The bill - which VanValkenburg did co-sponsor, would not have created an unconditioned right to a third-trimester abortion, as Vandergriff suggests. It would have loosened the requirements for getting one by allowing one doctor to certify the abortion is necessary to protect the mother’s life or health.

We rate Vandergriff’s statement False.