Split Fourth Circuit Strikes Down VA's Partial Birth Abortion Statute

Today the Fourth Circuit, in a 2-1 decision, struck down Virginia's partial-birth abortion statute. The majority (Judges Michael and Motz) did so even though the U.S. Supreme Court last year, in Gonzales v. Carhart, upheld the federal partial-birth abortion statute that Congress passed in 2003. The dissenter (Judge Niemeyer) contends the VA statute is materially identical to the federal statute upheld in Carhart, and that the majority disregarded established law on facial challenges.