Family Law Prof Blog

Editor: Margaret Ryznar
Indiana University
Robert H. McKinney School of Law

Saturday, September 3, 2005

Court Won't Rehear Abortion Case

A federal appeals court Friday denied a request by Virginia's attorney general to rehear a case challenging a state law banning a type of late-term abortion.In June, a divided three-judge panel of the U.S. 4th Circuit Court of Appeals ruled that Virginia's law banning what antiabortion activists call "partial-birth abortion" is unconstitutional because the law lacked an exception to protect a woman's health. The Center for Reproductive Rights challenged the law when it was passed by the General Assembly in 2003, and a federal judge blocked its enforcement. After the appellate panel's ruling, Virginia Atty. Gen. Judith Williams Jagdmann filed a petition asking all 13 judges from the court to rehear the case, saying the state believed the panel's majority decision was "fundamentally flawed." By: Associated Press,,1,1919313.story?coll=la-headlines-nation (last visited September 3, 2005).

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