Court upholds ban on abortion (VA)

AP/WashTimes ^ | 6-25-09 | Larry O'Dell

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Partial-birth law validated - A sharply divided federal appeals court upheld Virginia's ban on partial-birth abortion Wednesday, ruling that the statute does not unduly burden a woman's right to terminate a pregnancy by more conventional means.

The 4th U.S. Circuit Court of Appeals said in a 6-5 decision that the 2003 law also makes clear the type of conduct that is banned, making it unlikely that a doctor would be prosecuted for accidentally performing the procedure, which has the medical term "intact dilation and extraction."

The decision reversed a 2-1 panel ruling striking down the law, which is similar to a federal statute prohibiting a procedure in which the fetus is partially delivered, then its skull pierced and its brain destroyed.

"A partially born child is among the weakest, most helpless beings in our midst and on that account exerts a special claim on our protection," Judge J. Harvie Wilkinson III wrote in concurring with the majority opinion.

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"A partially born child is among the weakest, most helpless beings in our midst and on that account exerts a special claim on our protection,"...~~~

Thank you, God bless you, Judge Wilkinson.

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~~PING!

[Gator113]

“Nominated by Ronald Reagan on January 30, 1984”

Thank you President Reagan. You too Judge.

[jeltz25]

Reagan, but also George W Bush. It was his appt of Judge Steve Agee in May of last yr that made the difference. He was the 6th vote. They needed 6 to overturn the panel. The dems fought hard to block him, I don’t know why they didn’t end up doing so, I think he was from a list that Webb had approved. Also, Obama will make some appts to the 4th which mean that the 6-5 majority will no longer be operative and they’ll need 7 to have a majority but the timing was right for this one.

The majority had 1 Reagan, 2 Bush41, and 3 Bush43 Judges.

This is a pretty big win.

The pro-choicers can either accept defeat and let it stand and thus serve as a blueprint for every state in the union. Or, they can appeal to the SC, which would be a fool’s errand as the Court will uphold the ban just as they did in 07 and Kennedy has upheld PBA bans twice now.

I doubt they appeal to the SC. But if they do it will be another big conservative victory.

[EternalVigilance]

"A partially born child is among the weakest, most helpless beings in our midst and on that account exerts a special claim on our protection," Judge J. Harvie Wilkinson III wrote in concurring with the majority opinion.

Thank God he came down on the right side, but I find his statement abhorrent. Nothing of the nature of the person changed simply because he or she were "partially born."

The person in question, made in God's image, was of equal value five minutes earlier, or an hour earlier, a day earlier, a month earlier, nine months earlier.

[Gator113]

Excellent.

[FLAMING DEATH]

I can’t see why any liberal would oppose reasonable restrictions on abortion.

You know, like the type of reasonable restrictions they support for firearms.

Waiting periods, limits on the number/frequency/type, prohibition to minors, background checks, publishing names of those who have abortions in newspapers, etc.

I mean, it’s for the children. Do they hate the children?

[houeto]

The person in question, made in God's image, was of equal value five minutes earlier, or an hour earlier, a day earlier, a month earlier, nine months earlier.

Agreed but, maybe his statement, ""A partially born child is among the weakest, most helpless beings in our midst..." was referring to what you said. Hope so.