For Release: May 30, 2008
Contact: David Clementson
Email: dclementson@oag.state.va.us
Phone: 804-786-2071
McDonnell Announces Virginia to Petition for Rehearing of Partial-Birth Abortion Case by Full Fourth U.S. Circuit Court of Appeals
Move Follows Divided Panel Decision by Same Court Striking down Virginia’s Partial-Birth Abortion Ban
RICHMOND - Attorney General Bob McDonnell announced today that the Commonwealth of Virginia will ask the full Fourth U.S. Circuit Court of Appeals to review the decision of a divided panel of the court that struck down Virginia’s ban on partial- birth abortion.
“It is my belief that Virginia’s partial-birth abortion ban, passed overwhelmingly by the people's elected representatives in the General Assembly, is constitutional," McDonnell said.
"Given the significance of the issues at stake, and the fact that the United States Supreme Court recently upheld a very similar federal ban on the procedure, the full court should review the ruling by the divided three-judge panel.”
On May 20th a three-judge panel of the Court ruled 2-1 against the Commonwealth’s partial-birth abortion ban, passed by the General Assembly in 2003.
Following this decision, the Commonwealth had two options in proceeding: petition for a rehearing by the full Fourth U.S. Circuit Court of Appeals, or appeal the decision to the Supreme Court of the United States.
The petition for rehearing by the full Fourth Circuit will be filed on Monday June 2, 2008. The Court is expected to rule in about a month or two on whether the full court will review the case on the merits. If it does, it will schedule oral argument, most likely in the fall.
The case is titled Richmond Medical Center v. Herring.
