Court Upholds Ban on Partial Birth Abortion

Victoria Cobb, President

Wednesday, June 24, 2009

Victory Alert: Court Upholds Ban on Partial Birth Abortion

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The U.S. Fourth Circuit Court of Appeals this afternoon upheld Virginia’s long sought ban on partial birth abortion. The law, passed in 2003, has been blocked by courts ever since.

Substantially similar to a federal ban that was upheld by the U.S. Supreme Court last year, Virginia’s law could face one more hurdle should pro-abortion advocated appeal to that court, but the hope is that the Supreme Court won't hear the case because of its decision last year (retiring Justice David Souter voted against the law.)

But today, we celebrate the Fourth Circuit’s decision!

Honestly, I still have vivid memories of the courtroom last fall where this case was debated. Those of us who were there can remember the lawyer from the Center for Reproductive Rights arguing against the ban making her case that, should the Virginia statute as it currently reads be upheld as constitutional her client, a doctor who performs abortions, could potentially face prosecution. During the course of her explanation, she actually described a potential situation in which the doctor fully delivers the child, who is then separated from the mother, and placed on a nearby table to…“expire.” Not, die. Expire. Born alive, and left to die.

The coldness of that statement and the complete lack of compassion for human beings in their most vulnerable stage were palpable in that room. These were people who were advocated for the killing of a child, a fully developed child just days from birth. Thank God the majority of the court rejected their argument.

All pro-life Virginians owe a debt of gratitude to Delegate Bob Marshall (R-13, Manassas), the original patron of the legislation, for his passionate advocacy for the unborn on this issue, and to former Attorney General Bob McDonnell and his office for their skilled defense of the law throughout the process.

(This was not in the Family Foundation e-mail, but here is Bob McDonnell's response to the decision.)