Virginia law prohibiting partial-birth abortions is upheld by the 4th U.S. Circuit Court of Appeals. 

In a 6-5 vote, the full court reversed a previous decision by a three-judge panel that determined the ban was unconstitutional.  In light of its decision to uphold the federal partial birth abortion ban in Carhart v. Gonzales, the U.S. Supreme Court ordered the panel of the 4th Circuit to re-examine its 2007 ruling.  That review resulted in a 2-1 split-panel decision on May 20, which also ruled the ban as unconstitutional. 

The State of Virginia then asked the entire 4th Circuit to hear the case.

The majority opinion, written by Judge Paul Niemeyer, said, "To hold the Virginia Act facially unconstitutional for all circumstances based on the possible rare circumstance presented.is not appropriate under any standard for facial challenges. Moreover, the Virginia Act.provides sufficient clarity as to what conduct is prohibited to enable a doctor of reasonable intelligence to avoid criminal liability under it, and therefore the Virginia Act is constitutional."

In his concurring opinion, Judge Harvie Wilkinson wrote, "The fact is that we-civilized people-are retreating to the haven of our Constitution to justify dismembering a partly born child and crushing its skull. Surely centuries hence, people will look back on this gruesome practice done in the name of fundamental law by a society of high achievement.  And they will shudder."

Writing for the minority, Judge Blane Michael said, "This result places an undue burden on a woman's right to obtain a pre-viability second trimester abortion-a constitutional right repeatedly reaffirmed by the Supreme Court."

The full court decision is online at http://www.telladf.org/UserDocs/HerringOpinion.pdf

The Washington Post reported that supporters of abortion rights were extremely upset at the decision.

Stephanie Toti, a staff attorney at the Center for Reproductive Rights, said, "This decision is yet another assault on women's constitutional rights and the protections long afforded to women's health.  It really sets us back."

The Richmond Times-Dispatch stated that abortion rights supporters were likely to appeal the decision.  However, Virginia Attorney General Bill Mims said, ""While we anticipate that the U.S. Supreme Court may be asked to review the decision, I am confident that the Supreme Court ultimately will uphold the law."

Victoria Cobb, president of the Family Foundation, said the Virginia law substantially follows the federal law prohibiting partial birth abortions, which the Supreme Court has approved.

Jordan Lorence, senior counsel at the Alliance Defense Fund, said, "No one should be allowed to decide that an innocent life is worthless. Virginia has legitimately chosen to protect innocent life from a terrible procedure, and the court was right to uphold Virginia's law."