Obenshain was the Republican nominee for Attorney General of Virginia, losing to Democrat Mark Herring in the 2013 Election and formally conceding on December 18.

During his run for attorney general in 2013, Obenshain was criticized for a bill he introduced in 2009 which would have required women who had miscarriages without medical attendance to report it to authorities within 24 hours.

However, the legislation that emerged "was far too broad, and would have had ramifications that neither he nor the Commonwealth's attorney's office ever intended," and after being unable to resolve the problem of women potentially being prosecuted for miscarriages, he withdrew the bill and stated that he is "strongly against imposing any added burden for women who suffer a miscarriage, and that was never the intent of the legislation.

The bill also specified that no one should remove, destroy, or otherwise dispose of any remains without the express authorization of law-enforcement officials or the medical examiner, and that a violation of the statute would constitute a Class 1 misdemeanor.

Prior to joining the Senate, Obenshain was also a member of James Madison University's Board of Visitors and the Governor's Advisory Commission on Welfare Reform.