Court: Virginia Abortion Ban Illegal

Federal Court Strikes Down Late-Term Abortion Ban

(AP)  A Virginia law banning a type of late-term abortion is still unconstitutional, even though a similar federal ban was upheld by the U.S. Supreme Court, a federal appeals court ruled Tuesday.

The 2-1 decision by a panel of the 4th U.S. Circuit Court of Appeals affirms the same court's 2005 ruling striking down the law. The Supreme Court had ordered the appeals court to take another look at Virginia's statute after the ruling on the federal ban.

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.

The state has two weeks to ask the full federal appeals court to review the ruling, or 90 days to appeal to the Supreme Court. The attorney general's office "is reviewing all possible courses of action," spokesman J. Tucker Martin said.

The state law is unconstitutional "because it imposes an undue burden on a woman's right to obtain an abortion," Judge M. Blane Michael wrote in the majority opinion, joined by Judge Diana Gribbon-Motz.

The ruling means Virginia women will continue to have access to safe abortions through the second trimester of pregnancy, said Stephanie Toti, the Center for Reproductive Rights lawyer who represented abortion providers in the case.

"The court recognized Virginia's law is extreme - that it effectively banned the most common method of second-trimester abortion, and that is unconstitutional," Toti said.

The Family Foundation of Virginia said it hoped a higher court would 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," said Victoria Cobb, the organization's president.

The majority agreed with Toti's argument that doctors performing a standard type of abortion would be at risk of accidentally violating Virginia's law. Michael and Motz were both appointed to the court by President Clinton.

Judge Paul V. Niemeyer, an appointee of President George H.W. Bush who dissented in the 2005 ruling, remained the lone dissenter. He wrote that the Virginia's law "is virtually identical to the federal statute upheld as constitutional" in the Supreme Court's 2007 Gonzales v. Carhart decision.

According to the Center for Reproductive Rights, 16 of the 27 state bans on the late-term abortion procedure have been permanently struck down by the courts. Eleven bans remain in effect.

Last June, the 6th U.S. Circuit Court of Appeals declared Michigan's law unconstitutional because it could also prohibit other abortion procedures, and the Supreme Court in January refused to review the decision.

[michellem99-2009]

America ye so messed up and now states can tell a lady what she can/can''t do with her body. Some how the bloody court need to keep its nose out of a lady''s body. will the court raise that baby and if the mother to be dies cos of some selfish law. If it is not the church then it is a man ,dr or court.

[bar22mike]

Michelle makes a good point but anti-abortionists usually have little interest in either a woman''s body, her rights or the child they will never raise.

Their concern lies within their spoon fed irrational religious beliefs they wish to impose upon others.

[dontbasucka]

Talk about "spoon fed" repeating the same tired old arguments as if you''re the enlightened ones. When you stick forceps in the back of the neck of a tiny baby 5-6 inches long (it''s 2008 and we have technology that allows us to see pictures of the tiny body... oh I''m sorry u backwards thinking idiot you only know this as tissue. Look at the pictures of these aborted babies for once in your life & sit down to contemplate that maybe you''re the one''s that are brainwashed robots. The rest of us have seen the images, and don''t deny what are looking at.) sticking the forceps up into the brain isn''t a particularly nice visual and probably is, god forbid worse than water-boarding. Get out of your caves and quit with the "oh my the government shouldn''t tell me what I can do with my body" because that''s none of their business. They can force you to take vaccinations, arrest you for sticking drugs in your body and put you away for prostitution. As for those lies about not caring about "women''s rights or the child they will never raise" you are dead wrong again. Do you even know what the wait is here in the United States, and with the $70,000 plus price tag to adopt U.S. babies?????? Get an education and read something besides propaganda. Put this phrase in Google "China puts restrictions on adoption"
As for womens rights...ahhh let''s see what are those rights that the National Organization for Women espouses again?? Yeah Aborting babies is all you ever hear them defend.

[kesac4650]

It is not an irrational belief that life should be preserved. We spend billions fighting to preserve the lives of convicted felons, and other billions fighting for the "right" to take an innocent life.
The abortion industry, is for profit, and took 1.5 million lives last year, and is fighting to be allowed to take even more.
They do it for the money.

[soldat44]

CBS News: "The ruling means Virginia women will continue to have access to safe abortions through the second trimester of pregnancy,"

Not too safe for the baby though is it CBS?

Murder is still a crime in Virginia isn''t it?

Priestsforlife.org

[soldat44]

Posted by maxify55 at 07:06 AM : May 21, 2008
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Describe it again. It''''ll give you something to do while you wait for the Rapture.

Posted by FloydZepp at 07:23 AM : May 21, 2008

Better yet FloydZepp, let''s you and I go and actually watch a 2nd trimester abortion being performed and when it''s over and pieces of that baby are scattered on the paper you look me in the eye and tell me that''s ''OK''.

Preistsforlife.org

[brianbwb-2009]

"It is disappointing that yet again just two people can thwart the will of the people,..." Virginia Cobb

Yes Virginia, there are other people, and quite a lot, that don''t agree with your view, so when you claim to advocate "the will of the people" you imply that those who don''t agree with you are either not people, or simply don''t count.

Either way, your flapping gums betray an arrogance typical of people whose only way to create a sense of self esteem is to attempt to control the lives of others, and since you obviously don''t care about those people, you cannot claim any legitimate respect for life.

[brianbwb-2009]

Posted by soldat44

I have seen it performed, the circumstance was that if it hadn''t, both the mother and baby would have died.

But that is the way you like it, is it not?

[skyk-2009]

brianbwb at 07:42 AM..Perhaps a healthy respect should not have been spent upon you at the point of your conception? Is that what this is all about respect for your right to butcher a child? I see now. How foolish of me not to understand your right overrides that of the unborn "inconvenience". When you were an inconvenience, brianbwb at 07:42 AM, what was going through your mother''''s mind? Pity she changed her mind.


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Posted by maxify55 at 07:47 AM : May 21, 2008
+ report abuse

Where do you people get off with this garbage? YOU who gave us Larry Craig and so many others, post complete lies and simple garbage. This SHOULD always be an issue between a Doctor and a Woman. NO leader of any religious cult or Witch Doctor should be involved. IF we do NOT stop the American Taliban folks we will be sorry.

[skyk-2009]

Better yet FloydZepp, let''''s you and I go and actually watch a 2nd trimester abortion being performed and when it''''s over and pieces of that baby are scattered on the paper you look me in the eye and tell me that''''s ''''OK''''.

Preistsforlife.org



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Posted by soldat44 at 07:37 AM : May 21, 2008
+ report abuse

I have a better Idea! Why don''t you go to a VA Hospital and LOOK at the mangled bodies of FULLY grown men that have been disfigured and left as half a person because of a Religious War. Wouldn''t want to do that? Doctors are that for a reason. When we start allowing leaders of cults, who hunger for power only, to decide what is or is not in the best interest of a patient we have crossed a line. THE same LINE crossed by Sunni Muslim''s when they join the Taliban.

[maverickgrn]

Let me first say that I do not believe in optional abortion.
Of the women I know that have chosen to have an abortion every one of them was literally counting the days until they could have one. Each of these women had abortions within the first week that they could.
I have only met two women who have had late-term abortions. Why? Because it wasn''t what they wanted.
Both of these women were in their late 30''s when they became pregnant. Both were thrilled. Their partners were thrilled. They thought they had been gifted beyond hope. They were wrong. In each case, for different reasons, they were told that the children were not viable; twins had a life expectancy a of less than 30 seconds in one case, and there was no life expectancy at all in the other case. One mother was in mortal danger; the other was expected to die before giving birth.
So why wait? Obvious. They wanted the doctors to be dead wrong. They wanted their children. They wanted to pray. They wanted another opinion. They wanted a miracle.
So why not let them wait? Why torture people who are already faced with such a tragedy? Why not let them have there chances? Why not let them have time at least to accept their situation by forcing them to make it before they are ready?
What child is actually saved? Optional abortion is a choice in this country. Non-optional abortion should be a choice also.

[barbaraf4]

"In each case, for different reasons, they were told that the children were not viable; twins had a life expectancy a of less than 30 seconds in one case, and there was no life expectancy at all in the other case." Posted by maverickgrn
~~~~~~~~~~~~~~~
I believe in freedom of choice. The abortion decision is a deeply personal one between the woman, her partner and her doctor. Nothing about this choice should be legislated. If abortion is ever again outlawed, then we will be back to the dirty coat hanger stage of our evolution.

But back to your statements. I don''t understand the logic there. If there was reason to believe the children might not be "viable" (your word), and they were hoping for a "miracle" (again, your word), then why abort at all. Simply let nature take it''s course and deliver either a dead child or a live child. I don''t know why any abortion, much less a late-term abortion would be one of the options in this case.

The others you mentioned, women with such serious medical condition that they faced death if they chose to deliver - question: why were they pregnant in the first place. We know what causes pregnancy and we know how to prevent it.

[feddupp]

How can a physician (doctor) who has vowed to "FIRST, DO NO HARM" (the physician''s code of honor) take a live baby, kicking its little feet outside a woman''s womb, and jam a needle up into its head and then SUCK its brain out to KILL it????

Where on EARTH is it considered "constitutional" to give people this "right" to have their own child KILLED??

Have we "civilized" people gotten to the point where this barbarous act should be ACCEPTABLE??

If you did this to a DOG you would be cited for "cruelty to animals" and either FINED, JAILED or BOTH!!

May GOD help us for what we are allowing to happen to the dearest and most INNOCENT of Your creations!!!

[barbaraf4]

"May GOD help us for what we are allowing to happen to the dearest and most INNOCENT of Your creations!!!" Posted by feddupp
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
First, if people practiced birth control, we would not have unwanted pregnancies. There is a practical method for everyone out there and if all else fails, get your tubes tied or practice abstinence!!

Second, if the first option fails, get your abortion within the accepted window. I don''t know what it is, but I think it is before your 4th month. Your doctor will certainly know.

Third, unless it is a question of your life or your baby''s life, do not allow a late-term abortion. If you are to that point and that is your solution, then it means you were just to lazy to comply with the first two suggestions. Bite the bullet, give birth, and put this child up for adoption.

[mimimom2004]

So, people who murder don''t have to pay, but the most pure and innocent among us are game for for early death because, in most cases, people can''t keep their legs shut?!!!

[mimimom2004]

I''m anti abortion, but only partially for religious reasons. Why is it that there are more laws protecting animals, wild and pets, than unborn children? Groups like PETA and the ALF would do anything to "save" animals, but the life of a human means nothing!
Except in cases of rape and incest, the mother and father made their choice when they CHOSE to have ***...
You are free to choose your actions, but you cannot choose the consequences of your actions!
Not just our country, but the world is in a pretty bad state, when we allow and defend babies literally being thrown in the garbage disposal.

[kansas1946]

First, if people practiced birth control, we would not have unwanted pregnancies. There is a practical method for everyone out there and if all else fails, get your tubes tied or practice abstinence!!
Posted by barbaraf4 at 11:09 AM
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I would agree, barbara. Prevention of pregnancy would be the best option. Unfortunately, the pro-life lobby fights every inch of the way against prevention. They fight any form of reasonable ***-education in schools and only want a failed "abstinence only" program taught. In many cases pharmacists are refusing to fill morning after prescription, and even in some cases birth control pill prescriptions for young women who are not married. They battled against RU486 which can only be used very early in the pregnancy. So their agenda has nothing to do with late-term pregnancies, and everything to do with controlling women''s *** lives. They don''t approve of ***, so they don''t want anyone to have ***. I dropped out of the Republican party when they approved a platform wanting to outlaw any abortion, including rape and incest, and had no provision for life of the mother. They are nuts. Not only nuts, but it is that same group that want to cut funding for childrens programs, including foster care.

[keithle1]

Why are women in the USA in this day & age having unwanted pregnancies? How stupid is that?

Ever hear of birth control? Couldn''t resist the charms of Super Stud & let him have s e x with you without a condom. Now you''re pregnant. Awww... Isn''t that special.

What is wrong with women? Are you just stupid? Go to a pharmacy. Check out the birth control. Save yourself a lot of tears, grief & expense.

Why have unprotected s e x with a man who isn''t your husband?

[keithle1]

Attention Christians. Save your preaching & judging. I don''t want to hear it. Stop assuming EVERYONE is a Christian & shares your beliefs.

Just what the world needs. More unwanted babies.

Human beings are not an endangered species.