Legal Opinion

Richmond Medical Center for Women v. Gilmore

District Court, E.D. Virginia

Decided July 16, 1999No. Civ.A. 3:98cv309PublishedCited by 26 opinions

1Opinion of the Court

MEMORANDUM OPINION

PAYNE, District Judge.

This action calls into question the constitutionality of the Virginia statute, Va.Code Ann. § 18.2-74.2 (the “Act”), which proscribes as criminal so-called “partial birth abortions,” interpreted by the Commonwealth to mean the abortion procedure known as intact dilation and extraction and all potential variants thereof. The Commonwealth defends the Act first by arguing that the procedures which it proscribes are not really abortions, but rather “infanticide” and, on that rationale, argues that the constitutionality of the Act is not to be measured…

2Cases cited115 opinions

  1. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  2. Gregg v. GeorgiaSupreme Court of the United States · 1976
  3. Roe v. WadeSupreme Court of the United States · 1973
  4. United States v. SalernoSupreme Court of the United States · 1987
  5. Valley Forge Christian College v. Americans United for Separation of Church and State, Inc.Supreme Court of the United States · 1982

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3Cited by26 opinions

  1. United States v. Ray Donald LoyCourt of Appeals for the Third Circuit · 2001
  2. Northwestern Memorial Hospital v. John Ashcroft, Attorney General of the United StatesCourt of Appeals for the Seventh Circuit · 2004
  3. Herbert Holmes, M.D. v. John Farmer, Jr.Court of Appeals for the Third Circuit · 2000
  4. Rhode Island Medical Society v. WhitehouseDistrict Court, D. Rhode Island · 1999
  5. Richmond Medical Center for Women v. HicksDistrict Court, E.D. Virginia · 2004

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