Abortion law struck downThey read what they choose to read into the law. Or what they euphemistically refer to as the law.
Court says Virginia's partial-birth ban is unconstitutional because it doesn't protect woman's health
BY TOM CAMPBELL, Richmond Times-Dispatch Staff Writer
A divided panel of the federal appeals court in Richmond yesterday struck down Virginia's law banning partial-birth abortions because it lacks a Supreme Court-mandated exception to protect the health of the mother.
The 2-1 vote by the 4th U.S. Circuit Court of Appeals panel affirmed the judgment of the lower court because the U.S. Supreme Court had held in a previous case that any ban on partial-birth abortion must include an exception for the health of the mother.
Judge Paul V. Niemeyer strongly disagreed with his two colleagues, Judges M. Blane Michael and Diana Gribbon Motz. He criticized their legal reasoning and expressed his personal revulsion with a med- ical procedure that involves violence to an expelled or partially expelled fetus.
"The majority's opinion is a bold, new law that, in essence, constitutionalizes infanticide of a most gruesome nature," Niemeyer wrote. "I profoundly dissent from today's decision." (link)