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RICHMOND, Va. - 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 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.
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 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.
For once, Lupine is not ashamed to be Virginian.
