State courts digest SCOTUS decion.

iVillage Member
Registered: 06-03-2007
State courts digest SCOTUS decion.
Fri, 11-02-2007 - 6:52pm

Okay, I don't understand legalese at all, but I know there's something important going on. It seems like the state of Virginia is trying to use the Gonzalez v Carhart decision (the SCOTUS so-called "Partial Birth"... I can't even type the whole thing it's so silly) to apply it to future legal wrangling. Thoughts/comments/predictions?

-- Virginia's attempt to revive its law restricting abortion received a skeptical reception from a panel of federal judges here Thursday in a key test of how the Supreme Court's decision to uphold federal abortion limits will affect restrictions imposed by the states.

The Supreme Court this spring upheld the federal Partial-Birth Abortion Ban Act, for the first time agreeing that a specific abortion procedure could be banned, and emphasizing government's "legitimate and substantial interest" in preserving fetal life.

But as quickly as Virginia Solicitor General William E. Thro told the three appellate judges hearing the case that the court's decision in Gonzalez v. Carhart"removes any doubt that the Virginia act is constitutional," he was stopped short.

"That doesn't really quite get you home, Mr. Thro," Judge M. Blane Michael said.

http://www.washingtonpost.com/wp-dyn/content/article/2007/11/01/AR2007110102372.html