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Court rules Va. late-term abortion ban unconstitutional
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A federal appeals court ruled yesterday that a Virginia late-term abortion ban is still unconstitutional–even though the U.S. Supreme Court has upheld a similar federal ban. Judge M. Blane Michael wrote in the majority opinion that Virginia’s law is unconstitutional “because it imposes an undue burden on a woman’s right to obtain an abortion.” In addition,
The appeals court cited a key difference between the federal and state bans on the procedure that abortion opponents call “partial-birth abortion.” The federal law protects doctors who set out to perform a legal abortion that by accident becomes the banned procedure. The Virginia statute provides no such protection.
Victoria Cobb, president of the Family Foundation of Virginia, said the organization hopes a higher court will reverse the ruling: “It is disappointing that yet again just two people can thwart the will of the people, the action of a legislature, and simple justice for nearly born children.”
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Reporters? choice
I wish that the justices would see one being performed.
If Roe v Wade is legit law, then why not consider live-birth abortion (infanicide) as a constitutional right? As long as Roe v Wade stands, the pro life movement has no solid legal leg to stand on. Even slight and reasonable limits or reglations on abortion are rejected in the name of that alleged “right” to kill infants. Sad, isn’t it? But that’s America today.
We can regluate the 2nd Amendment to the enth degree (did I spell that right?) and still “claim” to honor it, but no regulations at all will be tolerated on the presumed right to abort human babies.
The right to an abortion is absolute. Not so, the right to buy incandescent lightbulbs.
Strange times.
2 possible paths forward. The entire supreme court of Virginia may rule on this instead of just 3 judges and the US Spreme court may take this case to assert their recent ruling to uphold this law.
If either is taken up, this ruling will be overturned.
“…a legal abortion that by accident becomes the banned procedure.”
By accident?
Bush appointee G. Steven Agee was just confirmed to the Fourth Circuit, which covers Virginia. He was not involved in the decision, but would be involved if it is reconsidered by the full circuit.