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One of eight counts in a lawsuit challenging various Virginia abortion laws and regulations filed in federal court in Richmond in June and amended earlier this month was tossed out by a judge Wednesday.

U.S. District Judge Henry E. Hudson dismissed the allegation that Virginia’s laws cumulatively impose an undue burden on Virginians’ access to abortion. Regarding two other counts, Hudson said the plaintiffs could challenge only the application of the laws in question, not their constitutionality.

The judge, however, denied a state bid to dismiss the remaining counts in a two-page order accompanied by a 23-page memorandum.

Nicole Tortoriello, a lawyer with the American Civil Liberties Union of Virginia, said her organization “is pleased with this outcome and looks forward to moving ahead to challenge the state’s onerous laws and regulations that seek to limit access to abortion services across the commonwealth.”

Michael Kelly, a spokesman for the Virginia attorney general’s office, said the ruling was “not an unusual outcome in a case like this where some claims will probably turn on questions of fact.”