A Virginia judge has dismissed a lawsuit filed by Liberty Counsel, which had sought to invalidate the state's upcoming ballot measure attempting to enshrine abortion as a constitutional right.

Key Takeaways:

• In March, Liberty Counsel filed a lawsuit arguing that the advancement of an amendment to establish a 'right' to abortion in Virginia's constitution did not follow proper protocol.

• On July 24, a judge dismissed the lawsuit.

• The amendment will go before voters in November, unless an appeal is successful.

The Backstory:

In March, Liberty Counsel filed a lawsuit on behalf of Charla Bansley, District 3 Supervisor for the Bedford County Board of Supervisors. The lawsuit argued that the advancement of an amendment to establish a "right" to abortion did not follow proper protocol, as it was not sent to the three circuit courts of Bedford County, Campbell County, and the City of Lynchburg.

As Live Action News previously explained: "Per state law, those courts were supposed to receive the amendment for public posting and inspection before the 2025 House of Delegates election. Since the required notice and posting did not happen, the lawsuit maintains the 2026 General Assembly session approval of the amendment is 'void' and 'wholly ineffective.'"

After the lawsuit was filed, Virginians for Reproductive Freedom (VRF), a coalition of 16 pro-abortion groups, filed a motion to intervene in the case. The coalition lists as "partners" over two dozen groups including the pro-abortion American College of Obstetricians and Gynecologists (ACOG) and Illinois Governor JB Pritzker's "Think Big America," which the billionaire established specifically to advance pro-abortion state constitutional amendments across the nation.

The Details:

On July 24, Campbell County Circuit Court Judge John T. Cook issued a final order dismissing the case. According to The News & Advance, "Cook granted VRF’s motion to intervene and ruled the Virginia General Assembly took action that eliminates the statutory basis for Bansley’s claims and states the plaintiff failed to show she had standing to bring this action."

The ruling was hailed by the Virginia Attorney General's Office.

“The court was right to reject this partisan attempt to silence Virginia voters and block them from shaping their own future,” said Rae Pickett, communications director for the Virginia Attorney General’s Office. “The ruling leaves the choice where it belongs, with the people, who will determine what their Constitution says and the values it protects. With this win, the referendum will remain on the ballot for Virginians to vote for their values.”

Abortion Doctors Share How The Most Common Abortion Procedures Take Place

Daniel Schmidt of Liberty Counsel indicated that the group intends to appeal to the ruling.

“The reality is this was always going to go higher,” Schmidt said according to the Virginia Mercury. “No question, this is heading to the (Virginia) Supreme Court.”

What's Next:

Unless an appeal is successful, voters will decide on the amendment during the upcoming November 3 vote.