Legal challenge contests Virginia abortion amendment over alleged procedural violations

Liberty Counsel submitted an appeal asserting that Virginia’s constitutional amendment process was violated when the legislature omitted the required 90-day public notice before the 2025 election. Representing Bedford County supervisor Charla Bansley, the brief claims the subsequent repeal of the notice requirement does not fix the procedural defect. The amendment, which would embed abortion rights in the state constitution, is slated for the November 2026 ballot as Question 1.

A lower court dismissed the case on standing grounds after the General Assembly’s retroactive repeal, a decision now being appealed. If the Court of Appeals rules against the challenge, Liberty Counsel says it will take the matter to the Virginia Supreme Court. The outcome could determine whether the amendment can take effect regardless of the election result.