RICHMOND (November 30, 2021) – Attorney General Mark R. Herring has filed an amicus brief in Ohio v. Becerra in support of the new Title X rule promulgated in 2021 by the U.S. Department of Health and Human Services (HHS) that removes harmful restrictions put in place by the Trump Administration. The new rule will result in the distribution of Title X funds to a greater number of family planning and related preventive health service providers that deliver care to millions of low-income or uninsured individuals and others. Attorney General Herring has joined a coalition of 24 attorneys general in filing the amicus brief.
Title X is the only federal grant program that funds family planning and counseling programs to help patients access contraception, as well as breast and cervical cancer screenings, screenings and treatments for sexually transmitted infections, and other related health services.
“Title X has been instrumental in giving women in low-income communities access to family planning programs, and preventative and reproductive healthcare, but unfortunately, with its ‘gag rule’ the Trump Administration worked hard to limit a woman’s ability to make her own choices about her body,” said Attorney General Herring. “The Biden-Harris Administration’s new Title X rule will remove those harmful Trump-era restrictions and distribute Title X funding to a greater number of healthcare providers, in turn helping more families across the country. I am proud to join my colleagues in supporting this new Title X rule that will give low-income and uninsured individuals in Virginia and around the country better access to healthcare.”
Attorney General Herring’s brief supports the new HHS rule, issued in 2021, that broadens the scope of federal grants under Title X, in part, by eliminating the harmful provisions of the 2019 Trump Administration rule — also known as the “gag rule.” The 2019 rule 1) imposed onerous requirements for physical separation between abortion and non-abortion services at clinics that provided abortion services and 2) prohibited clinicians from providing referrals to abortion providers, even when directly requested by the patient. By contrast, under HHS’s new 2021 rule, Title X funds can, once again, go to clinics that do not physically separate non-abortion and abortion services, and that provide referrals to abortion providers at a patient’s request. The coalition’s brief argues for the court to reject a request by a group of plaintiff states for a preliminary injunction of the 2021 rule.
Attorney General Herring and his colleagues argue that the plaintiffs’ proposed injunction would put patients and providers in harm’s way by returning to the 2019 Trump Administration rule, which caused dramatic loss of Title X providers and a substantial decrease in patient visits and health care services provided. Underserved communities were especially impacted by the loss of essential care, particularly low-income individuals, minorities, LGBTQ+ individuals, individuals living with disabilities, minors, and those living in rural areas.
The 2021 HHS rule allows lost providers to reenter the Title X program and improves client outcomes by providing greater access to and a wider range of health care services and promotes health equity by emphasizing efforts to reach underserved communities.
Attorney General Herring and his colleagues have fought hard to protect Title X funding. In March 2019, Attorney General Herring sued the Trump Administration challenging the constitutionality of its Title X “Gag Rule” that restricted healthcare providers that receive certain federal funds from counseling or making referrals for abortion. After the U.S. Court of Appeals for the Ninth Circuit upheld the new “gag rule”, Attorney General Herring filed a petition that asked the U.S. Supreme Court to hear the case. Separately, Attorney General Herring filed an amicus brief in a different lawsuit brought by the city of Baltimore against the Trump Administration’s Title X rule. The U.S. Court of Appeals for the Fourth Circuit struck down the rule – enjoining it in Maryland while it remained in place across the rest of the nation – after which the Trump Administration filed its own petition asking the Supreme Court to hear the case. In March 2021, the coalitions in both cases joined with the Biden-Harris Administration to ask the Supreme Court to dismiss both cases, while the Biden-Harris Administration acted to rescind and replace the rule. In May 2021, the Supreme Court entered the order to dismiss both cases and denied efforts by additional parties to step in and defend the gag rule. At the same time, Attorney General Herring sent a comment letter to HHS applauding the agency’s proposed rule to undo the harmful, Trump-era Title X “gag rule.”
Joining Attorney General Herring in filing today’s amicus brief are the attorneys general of California, Colorado, Connecticut, Delaware, Hawai’i, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, Washington, Wisconsin, and the District of Columbia.
Celebrate smart, safe & sober this July 4th holiday weekend
Independence Day traditions include backyard barbecues, festivals, family gatherings, and fireworks. To keep all those living, working, visiting, and traveling through Virginia safe during the extended holiday weekend, the Virginia State Police is encouraging Virginians to play it smart and plan ahead to ensure everyone on the road is safe and sober.
“Summer days are filled with celebrations, vacations, outdoor festivals, and backyard cookouts, but no matter where your plans take you, please make safety your priority,” said Colonel Gary T. Settle, Virginia State Police Superintendent. “With fatal traffic crashes on pace this year to mimic last year’s record number, I urge all Virginians to buckle up, eliminate distractions and never drive buzzed, drunk, or under the influence. Together we can make this Independence Day the safest on record!”
If planning to drink alcohol at a July 4 function, plan ahead and arrange a designated driver, use a rideshare service or taxi, or utilize public transportation to be certain you get home safely. Party hosts are encouraged to serve non-alcoholic beverage options, and to help prevent any guests from drinking and driving home from their event.
As part of its ongoing efforts to increase safety and reduce traffic fatalities on Virginia’s highways during the coming holiday weekend, Virginia State Police will increase patrols from 12:01 am Friday (July 1, 2022) through midnight Monday (July 4, 2022) as part of the Operation Crash Awareness Reduction Effort (C.A.R.E.). Operation C.A.R.E. is a state-sponsored, national program intended to reduce crashes, fatalities, and injuries due to impaired driving, speed, and failing to wear a seat belt.
During last year’s four-day Independence Day Operation C.A.R.E initiative, there were 12 traffic deaths on Virginia highways. Virginia troopers arrested 61 drivers operating under the influence of alcohol or drugs, cited 4,025 speeders and 1,434 reckless drivers, and issued 510 citations to individuals for failing to obey the law and buckle up. Troopers also assisted 1,550 disabled/stranded motorists.
With increased holiday patrols, Virginia State Police also reminds drivers of Virginia’s “Move Over” law, which requires motorists to move over when approaching an emergency vehicle stopped alongside the road. If unable to move over, then drivers are required to cautiously pass the emergency vehicle. The law also applies to workers in vehicles equipped with amber lights.
DMV reminds Virginians to make a plan before celebrating this Fourth of July
The Department of Motor Vehicles (DMV) reminds Virginians to celebrate responsibly and designate a sober driver before the Fourth of July festivities begin.
Last year, during the Fourth of July holiday period (July 2-July 5, 2021) there were 105 crashes, 56 injuries, and two deaths related to alcohol on the Commonwealth’s roads.
“Preventing an alcohol-related tragedy is simple – do not drive after drinking any alcohol, period,” said Acting DMV Commissioner Linda Ford, the Governor’s Highway Safety Representative. “Even one drink can impair judgment on the road. And if your holiday celebrations involve alcohol, be sure to designate a sober driver before the party begins to ensure a safe ride home.”
Celebrate this Fourth of July weekend responsibly:
- If you are planning to drink at an event, plan a safe ride home before even arriving.
- If someone you know has been drinking, do not let that person get behind the wheel.
- If you do decide to drink, do not drive for any reason. Arrange a ride from a sober friend, a taxi, or a ride-sharing service.
- If you are serving alcohol at your party, make sure all guests leave with a sober driver.
- Everyone in the vehicle should be wearing a seat belt – it’s your best defense against impaired drivers.
- Slow down and if you see an impaired driver on the road, contact law enforcement – your actions could save a life.
Virginia’s annual crime analysis report now available on Virginia State Police website
Virginia’s official and only comprehensive report on local and statewide crime figures for 2021, titled Crime in Virginia, is now available online at the Virginia State Police website on the VSP CJIS Data Analysis & Reporting Team page. Crime in Virginia continues to provide precise rates and occurrences of crimes committed in towns, cities and counties across the Commonwealth. The report breaks down criminal offenses and arrests by reporting agency.
Violent crime includes the offenses of murder, forcible sex offenses (rape, sodomy and sexual assault with an object per the FBI’s updated rape definition), robbery and aggravated assault. Overall, the violent crime rate increased in 2021 to 194.4 (per 100,000 population) from 183.0 in 2020. There were 16,823 violent crime offenses reported in 2021 compared to 15,713 violent crime offenses reported in 2020, representing a 7.1% increase.
The following 2021 crime figures in Virginia are presented in the report:
- The number of reported homicides increased from 528 to 562 (6.4%). The murder/non-negligent manslaughter rate increased from 6.15 in 2020 to 6.49 in 2021 (per 100,000 population). Victims and offenders tended to be younger males; 38.6% of homicide victims were men between 18 and 34 and 55.7% of known offenders were men between 18 and 34. Nearly half (47.5%) of all homicides occurred at a residence/home.
- Motor vehicle thefts and attempted thefts increased 3.8% compared to 2020. During 2021, there were 11,638 motor vehicles reported stolen in 11,249 offenses. In 2021, 7,589 motor vehicles were recovered (vehicles may have been stolen prior to 2021). Of all motor vehicles stolen, 35.4% were taken from the residence/home. The reported value of all motor vehicles stolen was $131,738,135.
- Drug arrests decreased by nearly half (46.7%) with the largest percentage decrease in arrestees under age 25 (67.6%). The number of reports of drugs seized decreased for nearly all drug types, especially marijuana (67%), due in part to decriminalization of possessing less than 1 ounce of the drug effective July 1, 2020 and Code of Virginia §18.2-250.1 being repealed July 1, 2021.
- Burglary decreased by 8.3% between 2020 and 2021. In fact, burglaries and attempted burglaries have steadily declined over the past ten years. In 2021, there were 10,464 burglaries and attempted burglaries whereas in 2011 there were 27,872, representing a decreased burglary rate in the last decade from 344.24 to 120.89 per 100,000 population.
- Fraud offenses increased 8.4% compared to 2020. Nearly 80% of victims (79.9%) were individuals while 11.3% were businesses. Nearly a quarter (23.2%) of fraud victims were over the age 65.
- Of the known weapons reported for violent crimes, firearms were used in 82.1% of homicides and 48.6% of robberies. Firearms were used in more than one-third (38.7%) of aggravated assault cases.
- There were 123 hate crime offenses, involving 106 victims, reported in 2021. This represents a 35.3% decrease compared to 2020. Most hate crimes (69.8%) were racially or ethnically motivated. Bias toward sexual orientation and religion were next highest (19.0%, 8.7%, respectively). Of all reported bias motivated crimes, 75.6% were assault offenses (aggravated assault, simple assault) or destruction/damage/vandalism of property.
The report employs an Incident Based Reporting (IBR) method for calculating offenses, thus allowing for greater accuracy. IBR divides crimes into two categories: Group A for serious offenses including violent crimes (murder, forcible sex offenses, robbery and aggravated assault), property crimes and drug offenses, and Group B for what are considered less serious offenses such as trespassing, disorderly conduct, and liquor law violations where an arrest has occurred.
Per state mandate, the Department of Virginia State Police serves as the primary collector of crime data from participating Virginia state and local police departments and sheriff’s offices. The data are collected by the Virginia State Police Criminal Justice Information Services (CJIS) Division via a secured internet system. This information is then compiled into Crime in Virginia, an annual report for use by law enforcement, elected officials, media and the general public. These data become the official crime statistics for the Commonwealth and are sent to the FBI for incorporation into their annual report, Crime in the United States.
Statement of the Lieutenant Governor Earle-Sears – Dobbs v. Jackson Decision
The Lieutenant Governor supports the Governor’s actions to ensure the safety of the Supreme Court justices and their loved ones. “We support the First Amendment and the right to protest peacefully but not at the expense of the safety of others. We are a civilized society. The baby in the womb wants to live. We ask for God’s protection for our commonwealth and our country”, stated Winsome Earle-Sears in the decision for Dobbs v. Jackson.
Dobbs v. Jackson Women’s Health Organization argued this term before the Supreme Court, will determine the constitutionality of a state’s right to make laws allowing or prohibiting abortion. This case was heard in reference to legislation passed by the state of Mississippi: the Gestational Age Act (HB 1510), prohibiting most abortions at 15 weeks of pregnancy.
“Today, the Supreme Court ruled in favor of Dobbs, giving power back to the states to make decisions on abortion. The court has recognized that the 1973 decision was an example of judicial and federal overreach. The important question of abortion has now been returned to statehouses across the country, in order for them to make their own policy decisions- which is exactly what the founding fathers envision when they wrote the 10th amendment to the Constitution. I applaud the Court for recognizing this wrong and having the courage to correct it. I look forward to working with the Governor and the General Assembly in the next legislative session on legislation that respects life,” the Lieutenant Governor added.
“The 10th Amendment to the Constitution says, ‘The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.’ This ruling supports this amendment.”
Governor Glenn Youngkin statement on Supreme Court’s Dobbs Ruling announcement
RICHMOND, VA – Governor Glenn Youngkin released the following statement today on the Supreme Court’s Dobbs ruling announcement:
“The Supreme Court of the United States has rightfully returned power to the people and their elected representatives in the states. I’m proud to be a pro-life Governor and plan to take every action I can to protect life. The truth is, Virginians want fewer abortions, not more abortions. We can build a bipartisan consensus on protecting the life of unborn children, especially when they begin to feel pain in the womb, and importantly supporting mothers and families who choose life. That’s why I’ve asked Senator Siobhan Dunnavant, Senator Steve Newman, Delegate Kathy Byron and Delegate Margaret Ransone to join us in an effort to bring together legislators and advocates from across the Commonwealth on this issue to find areas where we can agree and chart the most successful path forward. I’ve asked them to do the important work needed and be prepared to introduce legislation when the General Assembly returns in January,” said Governor Glenn Youngkin.
Attorney General Miyares argues Congress to take action to protect children on THC look-alike products
Attorney General Jason Miyares submitted a bipartisan letter to Congress, joined by 21 other attorneys general, urging them to take action regarding copycat tetrahydrocannabinol, commonly knowns as THC, food, and edibles. These products are designed to look like popular snack items and have increased accidental THC consumption by children.
On June 16, the FDA issued a warning that between Jan. 1 – May 31, 2022, the National Poison Control Center received 10,448 single substance exposure cases involving edible products containing THC. Of these cases 77% involved patients 19 years of age or younger.
THC is a psychoactive substance found in Cannabis plants. Widely available, and easily mistaken for name-brand snacks such as Oreo cookies, Doritos chips, Cheetos, NERDs, and more, THC copycat products often are unintentionally given to children or mistaken by children for the brand name snack products, resulting in unsuspecting children ingesting large amounts of THC.
“As THC-infused edibles become commonplace, some distributors have started advertising their products to look like popular candy and snack items. Their deceiving appearance and packaging can confuse young children who come across them and have led to an increase in accidental consumption, putting their health at risk. To address this growing issue, I’m urging Congress, with a bipartisan coalition, for a comprehensive legislative solution,” said Attorney General Miyares.
“As states across the country, including my own, take steps to legalize and regulate cannabis, rules have been put in place to protect children from unwitting consumption,” said co-lead Nevada Attorney General Ford. “However, there are those who attempt to work around these rules. Copycat products that mimic snacks and candy trademarks can entice children, leading to situations that can threaten their health and safety. We urge Congress to pass legislation granting these trademark holders the legal tools needed to hold these counterfeiters accountable.”
“Tackling the proliferation of online THC copycat edible sales and their potential harm to children requires a layered approach from all stakeholders, from law enforcement and policymakers to regulators and consumer groups, to be effective in reining in this health and safety issue. Consumer Brands welcomes the dedicated efforts of Attorney General Miyares to be a leader in bringing attention and action to this issue,” said Stacy Papadopoulous, Consumer Brand Association.
The attorneys general state that while they do not all agree on the best regulatory scheme for cannabis and THC, they all agree on one thing: copycat THC edibles pose a grave risk to the health, safety, and welfare of our children.
The attorneys general believe that Congress should immediately enact legislation authorizing trademark holders of well-known and trusted consumer packaged goods to hold accountable those malicious actors who are marketing illicit copycat THC edibles to children.
Attorneys General from Alaska, Arkansas, California, Colorado, Connecticut, Florida, Kentucky, Indiana, Iowa, Maine, Nebraska, Nevada, New Mexico, New York, Oregon, Oklahoma, South Carolina, South Dakota, Vermont, and Washington joined Attorney General Miyares’ letter.