For Release: July 28, 2008
Contact: David Clementson
Email: dclementson@oag.state.va.us
Phone: 804-786-2071
Full Fourth U.S. Circuit Court of Appeals Agrees to Rehear Partial-Birth Abortion Case
Attorney General Bob McDonnell Requested Rehearing
RICHMOND - The full Fourth U.S. Circuit Court of Appeals has granted Virginia Attorney General Bob McDonnell’s request that the full court hear the case challenging the constitutionality of Virginia’s ban on partial birth infanticide.
In 2005, a three-judge panel of the Fourth Circuit ruled—by a vote of 2-1—that the statute—passed overwhelmingly by the General Assembly in 2003--was unconstitutional. Then Attorney General Judith Williams Jagdmann asked the Supreme Court of the United States to review the decision. In 2007, after upholding the federal partial birth abortion act, the high court vacated the Fourth Circuit panel’s 2005 decision, and sent back the issue to the Fourth Circuit for reconsideration.
May 20 of this year a three-judge panel of the Fourth Circuit—again by the vote of 2-1—ruled that the statute was unconstitutional. On May 30th Attorney General McDonnell announced that he would ask the full court to reconsider the ruling.
Click here for the Attorney General's brief requesting a rehearing by the full court.
“I am pleased by today’s decision that the full Fourth U.S. Circuit Court of Appeals will hear this case for the first time,” Attorney General McDonnell said. “Virginia’s partial-birth infanticide ban was passed into law by an overwhelming majority of our elected representatives in the General Assembly. Additionally, it is substantively similar to the federal partial birth abortion ban that was recently upheld by the United States Supreme Court. I am hopeful that the full court will overturn the earlier divided panel decision, and Virginia’s partial birth infanticide ban will be found to be constitutional.”
Oral argument in this case has been tentatively scheduled for October 28-31 of this year.
