(Liberty Counsel) [Last Thursday], the Court of Appeals of Virginia decided to hear the appeal in Bansley v. Nardo regarding the state’s proposed pro-abortion amendment rather than send the case directly to the state supreme court. Liberty Counsel had filed a motion to bypass appellate review for the sake of expediency since the amendment is slated for the upcoming November 2026 ballot. However, the appeals court denied the motion. 

The appeals court set a due date for Liberty Counsel’s opening brief in the appeal for October 19. 

The case is about whether the Virginia government followed the proper legal process to place House Joint Resolution 1 (HJR 1) on the ballot. HJR 1 aims to establish a “fundamental right to reproductive freedom” in the Virginia Constitution. In July 2026, Campbell County Circuit Court John T. Cook signed an order dismissing the challenge citing the unfollowed procedural rules in the constitutional amendment process were not actually mandatory and have since been repealed.

Liberty Counsel represents Charla Bansley, District 3 Supervisor for the Bedford County Board of Supervisors, who argues that the case raises issues of exceptional public importance regarding the validity of the proposed “Reproductive Freedom Amendment.”

Bansley had requested the appeals court send the case directly to the Virginia Supreme Court without appellate review to prevent the amendment, which might be declared null and void on appeal, from becoming part of the state constitution after the November 2026 vote but before a final judicial decision is rendered. 

In the lawsuit, Bansley claims the ballot initiative is invalid after discovering Virginia’s House of Delegates missed several key procedural steps mandated by the Virginia Constitution before the amendment can go before the voters, such as distributing the amendment to all circuit court clerks statewide and posting it for public inspection three months prior to the 2025 House of Delegates election.

The lawsuit names as defendants Clerk of the Virginia House of Delegates G. Paul Nardo; Commissioner of Elections Steven Koski; and other Virginia election offices and officials. Bansley is asking the court to block election officials from printing 2026 ballots with HJR 1 and to order its amendment process be restarted for the 2027-2028 legislative and election cycles. 

In January 2026, the state appeals court sent a legal challenge regarding a different proposed amendment on constitutional redistricting to the state supreme court without appellate review. The Virginia Supreme Court later ruled the amendment was invalid due to similar constitutional deficiencies. 

Liberty Counsel’s Founder and Chairman Mat Staver said:

“This case will likely go to the Virginia Supreme Court after appellate review is completed. Virginia’s House Joint Resolution 1 is invalid because the General Assembly advanced it to a second legislative vote without completing the constitutionally mandated notice and posting requirements that must occur after its first passage.

The Virginia Supreme Court in 2026 has already declared invalid a different proposed amendment for failing to follow proper constitutional amendment procedures. Voters deserve certainty on a state constitutional amendment before an election, not after.” 

(Liberty Counsel) [Last Thursday], the Court of Appeals of Virginia decided to hear the appeal in Bansley v. Nardo regarding the state’s proposed pro-abortion amendment rather than send the case directly to the state supreme court. Liberty Counsel had filed a motion to bypass appellate review for the sake of expediency since the amendment is slated for the upcoming November 2026 ballot. However, the appeals court denied the motion. 

The appeals court set a due date for Liberty Counsel’s opening brief in the appeal for October 19. 

The case is about whether the Virginia government followed the proper legal process to place House Joint Resolution 1 (HJR 1) on the ballot. HJR 1 aims to establish a “fundamental right to reproductive freedom” in the Virginia Constitution. In July 2026, Campbell County Circuit Court John T. Cook signed an order dismissing the challenge citing the unfollowed procedural rules in the constitutional amendment process were not actually mandatory and have since been repealed.

Liberty Counsel represents Charla Bansley, District 3 Supervisor for the Bedford County Board of Supervisors, who argues that the case raises issues of exceptional public importance regarding the validity of the proposed “Reproductive Freedom Amendment.”

Bansley had requested the appeals court send the case directly to the Virginia Supreme Court without appellate review to prevent the amendment, which might be declared null and void on appeal, from becoming part of the state constitution after the November 2026 vote but before a final judicial decision is rendered. 

In the lawsuit, Bansley claims the ballot initiative is invalid after discovering Virginia’s House of Delegates missed several key procedural steps mandated by the Virginia Constitution before the amendment can go before the voters, such as distributing the amendment to all circuit court clerks statewide and posting it for public inspection three months prior to the 2025 House of Delegates election.

The lawsuit names as defendants Clerk of the Virginia House of Delegates G. Paul Nardo; Commissioner of Elections Steven Koski; and other Virginia election offices and officials. Bansley is asking the court to block election officials from printing 2026 ballots with HJR 1 and to order its amendment process be restarted for the 2027-2028 legislative and election cycles. 

In January 2026, the state appeals court sent a legal challenge regarding a different proposed amendment on constitutional redistricting to the state supreme court without appellate review. The Virginia Supreme Court later ruled the amendment was invalid due to similar constitutional deficiencies. 

Liberty Counsel’s Founder and Chairman Mat Staver said:

“This case will likely go to the Virginia Supreme Court after appellate review is completed. Virginia’s House Joint Resolution 1 is invalid because the General Assembly advanced it to a second legislative vote without completing the constitutionally mandated notice and posting requirements that must occur after its first passage.

The Virginia Supreme Court in 2026 has already declared invalid a different proposed amendment for failing to follow proper constitutional amendment procedures. Voters deserve certainty on a state constitutional amendment before an election, not after.”