Legal Opinion

Richmond Medical Center for Women v. Herring

Court of Appeals for the Fourth Circuit

Decided June 24, 2009No. 03-1821, 04-1255PublishedCited by 53 opinions

1Opinion of the Court

OPINION

NIEMEYER, Circuit Judge:

In this case, we consider whether Virginia’s “Partial Birth Infanticide” Act, Va. Code Ann. § 18.2-71.1 (the ‘Virginia Act”), is facially unconstitutional.

After the Commonwealth of Virginia enacted the Virginia Act in April 2003, but before its July 1, 2003 effective date, Richmond Medical Center and its owner and medical director, Dr. William Fitzhugh (collectively, “Dr. Fitzhugh”), commenced this action to declare the Act unconstitutional and to enjoin its enforcement. The complaint alleged that the Act (1) impermissibly failed to include an exception for the…

2Cases cited17 opinions

  1. Marbury v. MadisonSupreme Court of the United States · 1803
  2. United States v. SalernoSupreme Court of the United States · 1987
  3. Grayned v. City of RockfordSupreme Court of the United States · 1972
  4. Grayned v. City of RockfordSupreme Court of the United States · 1972
  5. Planned Parenthood of Southeastern Pa. v. CaseySupreme Court of the United States · 1992

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3Cited by53 opinions

  1. Greater Baltimore Center for Pregnancy Concerns, Inc. v. Mayor of BaltimoreCourt of Appeals for the Fourth Circuit · 2013
  2. Belk, Incorporated v. Meyer Corporation, U.S.Court of Appeals for the Fourth Circuit · 2012
  3. American Civil Liberties Union v. HolderCourt of Appeals for the Fourth Circuit · 2011
  4. Ostergren v. CuccinelliCourt of Appeals for the Fourth Circuit · 2010
  5. Alan Gross v. United StatesCourt of Appeals for the D.C. Circuit · 2014

48 more not listed; retrieve them via the Exa API.

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