It was the second time the court ruled against the state's abortion law, which was never implemented. In 2005 Judges M. Blane Michael and Diana Gribbon Motz declared the law against the constitution. They upheld the same position again, while Judge Paul Niemeyer again dissented.
In rejecting the abortion law, the court pointed out it is more restrictive than the federal prohibition on late-term abortions that the U.S. Supreme Court approved in 2007. Although Virginia's Partial Birth Infanticide Act of 2003 never had a chance to be implemented, the Supreme Court ordered last year a review of the legislation.
Michigan's abortion law have also been declared unconstitutional by the U.S. Supreme Court for going beyond what it approved. Virginia's law prohibits intact dilation and extraction procedure and standard D and E to end pregnancies after 12 weeks.
Blane Michael, in the majority decision wrote, quoted by the Washington Post, "The Virginia Act imposes an undue burden upon a woman's right to choose a previability second trimester abortion."
The decision drew opposite responses. Stephanie Toti, lawyer for the Center for Reproductive Rights, expressed satisfaction with the 4th Circuit court's decision that said Virginia's abortion law was extreme. Victoria Cobb, president of the Family Foundation of Virginia, in a statement quoted by the Washington Post, said, "It is disappointing that yet again two people can thwart the will of the people, the action of a legislature, and simple justice for nearly born children."
A spokesman for Virginia Attorney General Robert McDonnell said the state lawyer was disappointed with the court decision, but he has not decided what would be his next action.
