Late-term abortion ban protects ‘weakest, most helpless beings,’ federal court rules

Late-term abortion ban protects ‘weakest, most helpless beings,’ federal court rules

Richmond, Va., Jun 26, 2009 / 03:23 am (CNA).- The Fourth U.S. Circuit Court of Appeals in a 6-5 decision on Wednesday upheld Virginia’s partial-birth abortion ban. In his concurring opinion, one judge wrote that the law protects the “weakest” and “most helpless” and condemned the use of the Constitution to justify “dismembering” a partly born child and “crushing” its skull.
In its ruling “Richmond Medical Center v. Herring,” the court said the 2003 Virginia law does not unduly burden a woman’s legal right to terminate a pregnancy by more conventional means. It also ruled the law is clear about the type of procedure banned and adequately protects women’s health.
The decision reverses a May 2008 2-1 panel decision which struck down the law, which is similar to a federal statute prohibiting a procedure in which the baby is partially delivered and then killed.

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