Docket – September 26, 2018

U.S. District Court – Eastern District

Falls Church Med. Ctr. v. Oliver, EDVA at Richmond (Hudson).

Virginia’s regulations may present unconstitutional obstacles to the provision of abortion services. Five healthcare providers sufficiently alleged facts to support their several legal requirements unduly burden patients’ right to seek abortions. The challenges surviving dismissal related to classification of facilities as “hospitals,” required compliance with hospital licensing regulations, a “physician-only” requirement, and mandatory ultrasounds followed by mandatory 24-hour waiting periods.

Motion to dismiss denied in part and granted in part.

U.S. District Court – Western District

Fitzgerald v. Alcorn, WDVA at Harrisonburg (Urbanski).

The court vacated the stay on its previously-granted injunction of Virginia’s Incumbent Protection Act. When granted, the stay served to mitigate confusion during political parties’ nomination process, but the next nomination period doesn’t begin until February 2019. In the meantime, elections held during the pendency of appeal shouldn’t be distorted by an law that is plainly unconstitutional.

Zhao v. Va. Polytechnic Inst. & St. Univ., WDVA at Roanoke (Urbanski).

Virginia Tech will not be required to re-issue a Chinese student’s immigration form. The school had reported that his credit hours weren’t sufficient to support his visa as a full-time student, and he was ordered to report to the Department of Homeland Security as a result. The student, who’d separately been arrested for firearm possession and is now in ICE custody, was not entitled to notice and hearing before the school submitted his visa documentation. His immigration status will ultimately be adjudicated not by Virginia Tech, but by immigration courts.

Categories: Daily Dockets

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