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Court Strikes Down Virginia Abortion Ban
A federal appeals court has ruled that Virginia's ban on late-term abortions, approved by the General Assembly in 2003 over objections from then governor Mark R. Warner (D), is unconstitutional.
In a ruling issued this afternoon, the 4th Circuit Court of Appeals said the procedures covered under Virginia's ban "imposes an undue burden on a woman's right to obtain an abortion."
The ruling will likely reignite the abortion debate in Virginia.
Supporters of Virginia's ban say it would stop the practice of killing infants moments after they are prematurely delivered. But the 2003 Virginia law did not include a health exception. Warner vetoed the law, and the legislature overrode his veto.
The 4th Circuit, one of the most conservative appellate courts in the nation, initially struck down the Virginia law in 2005 because it lacked an exception to safeguard a woman's health.
But in 2007, the U.S. Supreme Court upheld a federal ban on some types of late-term abortions. The Supreme Court then sent the Virginia case back to the 4th Circuit for further reconsideration. Arguments were heard in November.
In today's 2 to 1 ruling, the appellate court noted there are differences between the federal ban and Virginia's law as it relates to the types of procedures that are prohibited.
The Richmond-based Family Foundation, which fought for the Virginia ban, said in a statement it hopes the U.S. Supreme Court will now reverse today's 4th Circuit ruling.
A federal appeals court has ruled that Virginia's ban on late-term abortions, approved by the General Assembly in 2003 over objections from then governor Mark R. Warner (D), is unconstitutional.
In a ruling issued this afternoon, the 4th Circuit Court of Appeals said the procedures covered under Virginia's ban "imposes an undue burden on a woman's right to obtain an abortion."
The ruling will likely reignite the abortion debate in Virginia.
Supporters of Virginia's ban say it would stop the practice of killing infants moments after they are prematurely delivered. But the 2003 Virginia law did not include a health exception. Warner vetoed the law, and the legislature overrode his veto.
The 4th Circuit, one of the most conservative appellate courts in the nation, initially struck down the Virginia law in 2005 because it lacked an exception to safeguard a woman's health.
But in 2007, the U.S. Supreme Court upheld a federal ban on some types of late-term abortions. The Supreme Court then sent the Virginia case back to the 4th Circuit for further reconsideration. Arguments were heard in November.
In today's 2 to 1 ruling, the appellate court noted there are differences between the federal ban and Virginia's law as it relates to the types of procedures that are prohibited.
The Richmond-based Family Foundation, which fought for the Virginia ban, said in a statement it hopes the U.S. Supreme Court will now reverse today's 4th Circuit ruling.
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