Law & Order Update — Late-Term Abortions

The Virginia Late-Term Abortion Ban Litigation

What the 4th Circuit did: A panel of the U.S. 4th Circuit appeals court ruled 2-1 to strike down Virginia’s legislative ban on late-term abortions:

Judge Michael (Bill Clinton) — voted to strike down Virginia’s law.
Judge Motz (Bill Clinton) — voted to strike down the law.

Judge Niemeyer (George H.W. Bush) — voted to uphold that law.

What happens next: Virginia might ask for an en banc (full court) re-hearing; the state also has the option of asking the U.S. Supreme Court to review the case.

Who supports the decision: Those who prefer federal dominion over state laws. Those who believe in non-democratic means to achieve policy ends. Left-wing Democrats. Liberal law professors and other leftist academics. NARAL, Emily’s List, and other leftist groups (abortion-specific and otherwise).

Those who oppose the decision: States’ rights/Federalism advocates. Anti-judicial activism advocates. Separation of powers advocates. Constitutional originalists. Fidelis, the Pro-Life Action League, and other pro-life groups. Social conservatives.