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4-27-2007
 

Lower Courts to Reconsider Pro-Life Laws After Supreme Court Ruling

 

Decision upholding partial-birth abortion ban shows states how to write laws.

The U.S. Supreme Court decision upholding the federal ban on partial-birth abortion also included a directive for two lower courts to review decisions on state-level bans in Missouri and Virginia.

Bruce Hausknecht, judicial analyst for Focus on the Family Action, said the appeals courts had struck down the state bans, but now must reconsider them in light of the high court's ruling. The federal and state bans do not include the controversial health exception, which is regularly used to circumvent legislation intended to restrict abortions.

“The practical outcome going back is that those cases will be re-examined and perhaps this time the state laws will be upheld.”

Chris Freund, director of policy and communications for The Family Foundation of Virginia, said the 4th U.S. Circuit Court of Appeals now has limited options.

"Our law was written in a very similar way to the federal law," he told Family News in Focus. "We have precedent now, and I think it’s very likely that the law that we have in Virginia will stand.”

He said the template laid out in the federal law will lead to more pro-life legislation that will be easier to defend in court.

“We’ll be able to move on to seeking more life laws in Virginia in the future," he said, "and that’s what our intention is.”


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