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News:

*Va. ‘partial-birth’ abortion ban upheld (Richmond Times-Dispatch) 

Fed appeals court revives Va. abortion law (The Daily Press)

Virginia Abortion Restriction Is Upheld (Washington Post) 

Va. candidates reserved in discussing Sanford (Richmond Times-Dispatch)  

McDonnell pledges business aid (Fredericksburg Free Lance-Star) 

Va. Del. Amundson will not seek sixth House term (AP/Norfolk Virginian-Pilot)

Kaine’s Travels as DNC Chief Not So Easy to Pin Down (Washington Post)

OFFICIAL STATEMENT OF THE VIRGINIA SOCIETY FOR HUMAN LIFE ON THE RULING BY THE 4TH U.S. CIRCUIT COURT OF APPEALS UPHOLDING VIRGINIA’S LAW BANNING PARTIAL BIRTH ABORTION

The Virginia Society for Human Life applauds the decision of the U.S. 4th Circuit Court of Appeals today which upheld by a vote of 6 to 5 Virginia’s Partial Birth Infanticide Ban. This vital piece of pro-life legislation protects the lives of unborn children from the gruesome procedure known as “partial birth abortion.” During such an abortion a living late term unborn baby is partially removed from his/her mother’s womb and the skull is punctured allowing the baby’s brains to be sucked out.

The procedure also puts the baby’s mother at grave risk of future complications both physical and psychological. It is a clear victory for the lives of babies and their mothers in Virginia that the Court has upheld this reasonable and important law.

“There is no doubt that the Virginia’s Partial Birth Abortion Infanticide Ban will save the lives of hundreds of Virginia babies from this horrible and violent procedure. The mothers of these children deserve medical care that respect and protect their lives as well, rather then subject them to the dangers of abortion. Partial birth abortion is a deadly act that the people of Virginia have rightly rejected through the General Assembly and the Court was correct to uphold this important law,” said Olivia Gans, president of the Virginia Society for Human Life.

VSHL is very grateful for the leadership of the office Attorney General of Virginia, in particular Mr. Bob McDonnell for successfully guiding this issue through the courts during his term of office.

STATEMENT OF FORMER ATTORNEY GENERAL BOB McDONNELL, WHO SECURED THE APPEAL TO THE FULL UNITED STATES 4TH CIRCUIT COURT OF APPEALS 

I am pleased that the full U.S. Fourth Circuit Court of Appeals has upheld Virginia’s Partial-Birth Infanticide Ban. Virginia’s ban was passed by the General Assembly with bipartisan support. The law reflects the will of the people of the Commonwealth and is substantially similar to the federal ban on the procedure which was ruled constitutional by the Supreme Court of the United States. I congratulate Attorney General Bill Mims for his successful handling of this appeal.

STATEMENT OF DELEGATE BOB MARSHALL, PATRON OF HB 1541, DURING THE 2003 SESSION OF THE VIRGINIA GENERAL ASSEMBLY

The most fundamental purpose of government is to protect human lives. The court did that here.

It is telling that it was Virginia’s Thomas Jefferson, who criticized abortion in his Notes on Virginia, and who affirmed in the Declaration of Independence that the first natural right of persons is the right to life which comes directly from God, when he wrote that, “all men are created equal,” and that Jefferson didn’t say all men are born equal for a reason.

I wanted a law that upheld the right to life of children near birth, would expand the legal protections previously denied such children by other federal court decisions, and which would be constitutional.

Delegate Marshall concluded his statement by quoting from the concurring opinion of Judge J. Harvie Wilkerson:

The fact is that we — civilized people — are retreating to the haven of our Constitution to justify dismembering a partly born child and crushing its skull. Surely centuries hence, people will look back on this gruesome practice done in the name of fundamental law by a society of high achievement. And they will shudder.

The next several posts will be statements from the major players who had significant roles in crafting the legislation that became Virginia’s law banning partial birth abortion/infanticide; in defending its constitutionality in the U.S. 4th Circuit Court of Appeals; and other organizations that play a leading role in defending unborn, innocent life in Virginia public policy.

STATEMENT BY VICTORIA COBB, PRESIDENT OF THE FAMILY FOUNDATION OF VIRGINIA, CONCERNING THE RULING BY THE 4th CIRCUIT COURT OF APPEALS UPHOLDING VIRGINIA’S LAW BANNING PARTIAL BIRTH INFANTICIDE

The simple fact that pro-abortion forces continue to defend the heinous and unnecessary act of partial birth infanticide with such vigor reveals their extremism. It must be noted that the procedures being discussed, a “dilation and evacuation” (D&E) abortion and an “intact D&E” both require the dismemberment of an unborn child past the known date of viability. The people of Virginia are seeing the true nature of the abortion movement.

The more people learn about the barbaric nature of these procedures, the more they support this ban. There is little doubt that we are seeing a shift toward a more pro-life nation because of the debate over partial birth abortion and as modern technology such as 4D ultrasounds reveal life in such vivid color at its earliest stages. As the truth of abortion is revealed, those willing to open their eyes to that truth are changed.

In yesterday’s decision handed down by the U.S. Fourth Circuit Court of Appeals upholding Virginia’s ban on partial-birth abortion/infanticide, Judge J. Harvie Wilkinson had this to say in his concurring opinion:

Perhaps fine art, great invention, sustained prosperity, or enhanced longevity mark the quality of civilized life. Perhaps, I say, because there must be something more. How a society treats its most vulnerable members may do more than grandiosity to shape its lasting worth. A partially born child is among the weakest, most helpless beings in our midst and on that account exerts a special claim on our protection. So we can talk at length about facial challenges and as-applied challenges, and “standard D&E” procedures and “intact D&E” procedures, and “anatomical landmarks,” and “disarticulation,” and “fetal demise.” And we can deploy this terminology to disguise what is happening, in the name of our founding document no less.

The future, however, will not be similarly misled. The fact is that we — civilized people — are retreating to the haven of our Constitution to justify dismembering a partly born child and crushing its skull. Surely centuries hence, people will look back on this gruesome practice done in the name of fundamental law by a society of high achievement. And they will shudder.

One can only pray that he is right.

The U.S. 4th Circuit Court of Appeals yesterday afternoon upheld, by a 6-5 vote, Virginia’s long sought ban on partial birth abortion. The law, passed in 2003, has been blocked by federal courts ever since — despite the fact that the law, as written, is substantially similar to a federal ban upheld by the U.S. Supreme Court last year.

However, despite this important and legally significant victory, this just law could face one more hurdle as pro-abortion-at-any-cost advocates consider an appeal to the highest court in the land. Our hope is that the Supreme Court won’t agree to hear the case because of its decision last year, and since retiring Justice David Souter voted in the minority in that case, whoever replaces him would not change the court’s opinion.

That leaves us celebrating the 4th Circuit’s decision! It’s truly a great day.

The memories of the federal courtroom the last two Octobers — in 2007, for the 4th Circuit three-judge panel’s hearing that eventually ruled the law unconstitutional, then last year’s full court hearing that resulted in yesterday’s opinion — and are still vivid. The lawyer from the Center for Reproductive Rights made her case by arguing that, should the Virginia statute be upheld as constitutional, her abortionist client could potentially face prosecution. During the course of her explanation, she actually described a potential situation in which the doctor fully delivers the child, who is then separated from the mother, and placed on a nearby table . . . to “expire.”

Not, die. ”Expire.” Born alive, left to die. That’s what we mean by abortion at any cost.

The coldness of that statement, and the complete lack of compassion for human beings in their most vulnerable stage, were palpable in that room.  These are people who advocate for the killing of children — fully developed children — only days from birth. Thank God the majority of the court rejected their argument.

All pro-life Virginians owe a debt of gratitude to Delegate Bob Marshall (R-13, Manassas), the original patron of the legislation, for his passionate advocacy for the unborn on this issue; as well as to former Attorney General Bob McDonnell for continuing the appeals process after two Fourth Circuit panels ruled the statute unconstitutional, and to the office of Attorney General for its skilled defense of the law throughout the process.

Sorry for yesterday’s News Stand today, but the last two days have been nutty for your friendly admin. Then, to top it off, I posted this yesterday just as my wireless connection decided to call it quits for the night. None of this should take away from some good reading. We’ll have today’s News Stand up later. Here we go:

Just as we mentioned last week, Republican gubernatorial candidate Bob McDonnell’s push to attract centrists (whether or not he himself is moving there) is sparking all sorts of conversations. The Roanoke Times and Daily Press take their turn today.

Speaking of the Times, could it be twice in a week it takes a conservative position? It’s not quite The World Turned Upside Down, but noteworthy nonethesame. See its editorial agreeing with Republican Party of Virginia Chairman Pat Mullins’ call for a FOIA request on Governor Tim Kaine’s travel schedule and expenses (and who is paying those expenses) when he works his night job as Democrat National Committee chairman. Meanwhile, the state Republicans may have another issue with which to beat the governor over the head — the rising controversy over VITA. Two articles on that mess.

Finally, we have a commentary from Peter Heck on “diversity” when, really, this country was built by being the gumbo that is a melting pot; and a story the media and State Department aren’t shouting too much about: Three Christian missionaries were killed by a released Gitmo terrorist. 

News:

McDonnell makes push to the center (Roanoke Times) 

McDonnell and Deeds claim middle ground (The Daily Press)

Va. Official’s Ouster Over Big Contract Investigated (Washington Post)

Kaine, Assembly Republicans at odds over management of IT agency(Richmond Times-Dispatch)

Student Democratic club survives at Liberty University (Richmond Times-Dispatch)

Page Eyes Regulation Of Adult Businesses (Harrisonburg Daily News-Record)

Sex education goes full circle (Washington Times)

Editorial: Where did Gov. Kaine go? (Roanoke Times)

National News:

Former Gitmo detainee accused of killing 3 missionaries (OneNewsNow.com)

Teacher fired for conservative Web site (OneNewsNow.com)

Commentary:

America’s disappearing unity (Peter Heck/OneNewsNow.com)