The U.S. Supreme Court on Monday ordered the 4th U.S. Circuit Court of Appeals to review its decision to overturn a Virginia law that bans so-called "partial-birth" abortion following the Supreme Court's 5-4 ruling last week that upheld a federal law (S 3) banning the procedure, the Washington Post reports (Markon, Washington Post, 4/24). The Supreme Court also ordered the 8th U.S. Circuit Court of Appeals to review the case of a Missouri law that bans partial-birth abortion, the AP/Kansas City Star reports (AP/Kansas City Star, 4/24). The 2003 Virginia law defined "partial-birth infanticide" as intentional vaginal delivery of an infant "for the purpose of performing an overt act that the person knows will kill the partially delivered, living infant" and established it as a felony. The Center for Reproductive Rights challenged the law on behalf of the Richmond Medical Center for Women and abortion provider William Fitzhugh. A three-judge panel of the 4th circuit court in June 2005 voted 2-1 to overturn the law because it lacked an exception to protect the health of pregnant women. The panel cited the 2000 U.S. Supreme Court ruling in Stenberg v. Carhart, which struck down a similar Nebraska law for lacking a health exception (Kaiser Daily Women's Health Policy Report, 9/7/05). However, Supreme Court Justice Anthony Kennedy in the court's ruling last week to uphold the federal law wrote in the majority opinion that the "law need not give abortion doctors unfettered choice in the course of their medical practice," adding that "medical uncertainty over whether the act's prohibition creates significant health risks provides a sufficient basis to conclude ... that the act does not impose an undue burden" on women seeking abortion (Kaiser Daily Women's Health Policy Report, 4/19). According to the Post, legal experts familiar with the 4th circuit court on Monday said that the court is likely, but not certain, to reverse its previous decision. Under the court's rules, the same panel that voted to overturn the law in 2005 will review the decision (Washington Post, 4/24).

Missouri Law
Missouri's partial-birth abortion ban, which passed in 1999, says that individuals who cause "the death of a living infant ... by an overt act performed when the infant is partially born or born" could face charges equal to murder. The law has never been enforced. Planned Parenthood Federation of America argued that the law is unconstitutional and violates the 1973 U.S. Supreme Court Roe v. Wade decision, which effectively barred state abortion bans. U.S. District Judge Scott Wright in July 2004 ruled the law unconstitutional because it does not include an exception to protect the health of pregnant women. Wright also said that he based his decision on the Stenberg ruling. A three-judge panel of the 8th circuit court in November 2005 upheld Wright's ruling, saying the state had not provided any new evidence to contradict Stenberg (Kaiser Daily Women's Health Policy Report, 11/30/05). Scott Holste, a spokesperson for Missouri Attorney General Jay Nixon (R), said Nixon planned to file a motion on Monday asking the court to lift the injunction against the state law, which would allow the law to take effect immediately. According to the AP/Star, physicians who violate the law could face up to two years in prison (AP/Kansas City Star, 4/24).

NPR's "Morning Edition" on Wednesday included a discussion with Nancy Northup, president of CRR, about the Supreme Court ruling and state abortion legislation (Montagne, "Morning Edition," 4/25). Audio of the segment is available online. "Morning Edition" on Thursday is scheduled to include a discussion with an abortion-rights opponent on similar topics.

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