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Virginia AG asks Full Court to Hear Case.
Two weeks after a divided three-judge panel upheld a lower court ruling that overturned Virginia's Partial-Birth Abortion Infanticide Act, the state attorney general filed a petition asking all 13 judges from the 4th U.S. Circuit Court of Appeals to rehear the case.
On June 3 the panel decided on a 2-1 vote to gut the 2003 law largely on the grounds that it lacked an exception to protect a woman's health. Judge Paul V. Niemeyer filed a brilliant dissent.
Attorney General Judith Williams Jagdmann said the state believes the panel's majority decision is "fundamentally flawed." The Virginia Society for Human Life (VSHL) applauded Jagdmann's June 17 announcement.
"We believe the ruling is incompatible with the freedoms upon which our nation was founded," said VSHL President Brenda Fastabend. "We hope the attorney general will appeal this act of judicial extremism all the way to the U.S. Supreme Court, if necessary."
Virginia's Partial-Birth Abortion Infanticide statute was blocked the day it was to go into effect by U.S. District Judge Richard L. Williams of Richmond. In an intriguing choice of words, Judge Williams called his July 2003 decision a "no-brain case."
Six months later, he granted the Center for Reproductive Rights' motion for summary judgment and declared the law unconstitutional. For its own reasons, the center then filed the federal appeal.
Judge M. Blane Michael wrote the appeals panel's decision upholding Judge Williams and was joined by Judge Diana Gribbon Motz.
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Source: HighBeam Research, Virginia AG asks Full Court to Hear Case.