"Yesterday, a federal circuit court in Virginia struck down that state's ban on partial-birth abortion, despite the fact that the U.S. Supreme Court last year upheld the federal ban on this gruesome procedure. This is a troubling decision that speaks to America's ongoing problem with judicial arrogance. Virginia has been trying to ban partial-birth abortion for years. Its law was already struck down once, and yesterday the Fourth Circuit, by a 2 to 1 vote, said it was still unconstitutional, this time because it might be used against an abortionist who started a legal abortion and then accidentally performed a partial-birth abortion. Judge Niemeyer in dissent scoffed at such an implausible claim and pointed out that hypothetical challenges like this one are no longer acceptable according to the Supreme Court. Part of the strength of last year's Supreme Court ruling was its insistence that abortionists bring real cases with real facts when challenging an abortion law. But the Fourth Circuit ignored this admonition and overturned the will of Virginians on the basis of a hypothetical claim from the abortion industry. We urge the Commonwealth to seek review of this activist decision that thumbs its nose at both the people of Virginia and the U.S. Supreme Court."
Tony Perkins
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