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: “I applaud the Supreme Court’s well reasoned decision to uphold the Partial Birth Abortion Ban Act. The Supreme Court’s decision, which is grounded in sound constitutional interpretation, recognizes the dignity of human life.
I am pleased that the Court explicitly recognized that “[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.†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€