A three-judge panel of the U.S. Fourth Circuit Court of Appeals struck down Virginia's partial birth ban by 2-1 decision in Richmond Medical Center v. Herring. (Read the opinion here.) This is horrible news. Hopefully, Attorney General Bob McDonnell will appeal to the full court or to the United States Supreme Court. After all, this case was heard because of a Supreme Court ruling that upheld another partial birth abortion ban. Read our summary of the hearing in early November here, as well as more impressions we had after the oral arguments here. (On those threads are links to legal opinions and audio of oral arguments in other key pro-life cases which played a role in this hearing.)
The decision was somewhat expected given the dispositions of Judges Diana Motz and M. Blane Michael, whose questions toward Virginia Solicitor General William Thro were clearly antagonistic. Judge Paul Neimeyer, on the other hand, seemed through his questioning, inclined toward upholding the law. Accordingly, the former two judges voted to overturn the law and the latter voted to sustain it.
More to come, possibly today, definitely tomorrow.