Today, the full United States Fourth Circuit Court of Appeals, in a 6-5 ruling, upheld Virginia's Partial-Birth Infanticide ban. The court was acting upon an appeal of their earlier divided panel decision in May 2008 which struck down Virginia's law. The appeal was secured by then-Attorney General Bob McDonnell.
In response to today's decision by the Court, McDonnell issued the following statement:
"I am pleased that the full U.S. Fourth Circuit Court of Appeals has upheld Virginia's Partial-Birth Infanticide Ban. Virginia's ban was passed by the General Assembly with bipartisan support. The law reflects the will of the people of the Commonwealth and is substantially similar to the federal ban on the procedure which was ruled constitutional by the Supreme Court of the United States. I congratulate Attorney General Bill Mims for his successful handling of this appeal."