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Hats Off to Virginia AG Bob McDonnell.
The full 10-member U.S. Court of Appeals for the 4th Circuit has accepted the request of Virginia Attorney General Bob McDonnell to review the ongoing challenge to the state's Partial-Birth Infanticide law.
The law, which passed overwhelmingly in 2003, has taken it on the chin twice from a three-member panel of the 4th Circuit. The majority in both cases consisted of judges M. Blane Michael and Diana Gribbon Motz. In each instance Judge Paul V. Niemeyer wrote a withering dissent.
In 2005, by a vote of 21, the panel declared the law unconstitutional. The then-attorney general for the Commonwealth of Virginia asked the Supreme Court to review Richmond Medical Center v. Herring.
In April 2007, when the United States Supreme Court upheld the federal Partial-Birth Abortion Ban Act, the justices vacated the panel's decision and sent it back for reconsideration.
Proving that it had learned nothing, on May 20, 2008, a panel again found the statute unconstitutional.
Ten days later McDonnell asked the full court to review the panel's decision. On a 64 vote, the 4th Circuit agreed July 28 to do just that.
You can read McDonnell's very thoughtful brief at www.vaag.com/LEGAL_LEGIS/CourtFilings/03-1821-Petition%20for%20Rehearing%20En%20Banc.pdf.
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Source: HighBeam Research, Hats Off to Virginia AG Bob McDonnell.