Today the United States Supreme Court, in a 5-4 decision, upheld the Partial Birth Abortion Ban Act passed by the United States Congress in 2003. Virginia Attorney General Bob McDonnell issued the following statement regarding the ruling: â€œI applaud the Supreme Courtâ€™s well reasoned decision to uphold the Partial Birth Abortion Ban Act. The Supreme Courtâ€™s decision, which is grounded in sound constitutional interpretation, recognizes the dignity of human life.
I am pleased that the Court explicitly recognized that â€œ[C]onsiderations of marginal safety, including the balance of risks, are within the legislative competence when the regulation is rational and in the pursuit of legitimate ends.â€ These are the considerations that motivated the General Assembly to pass the Virginia Partial Birth Infanticide Act. Given that the federal act has been upheld, I am confident that the similarly-worded Virginia Partial Birth Infanticide Act will also be upheld.â€