Legal Opinion

Richmond Medical Center for Women v. Herring

Court of Appeals for the Fourth Circuit

Decided May 20, 2008No. 03-1821, 04-1255PublishedCited by 10 opinions

1Opinion of the Court

Affirmed by published opinion. Judge MICHAEL wrote the majority opinion, in which Judge MOTZ joined. Judge NIEMEYER wrote a dissenting opinion.

*131OPINION

MICHAEL, Circuit Judge:

We reconsider the constitutionality of a Virginia statute that outlaws what is termed “partial birth infanticide.” Va. Code Ann. § 18.2-71.1 (the Virginia Act or the Act). Reconsideration is required in light of Gonzales v. Carhart (Carhart II), 550 U.S. -, 127 S.Ct. 1610, 167 L.Ed.2d 480 (2007), which rejected a facial challenge to the federal partial birth abortion statute prohibiting the intact dilation and evacuation…

2Cases cited20 opinions

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. Kumho Tire Co. v. CarmichaelSupreme Court of the United States · 1999
  3. Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
  4. Roe v. WadeSupreme Court of the United States · 1973
  5. United States v. SalernoSupreme Court of the United States · 1987

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3Cited by10 opinions

  1. PLANNED PARENT. MN, N. DAKOTA, S. DAKOTA v. RoundsCourt of Appeals for the Eighth Circuit · 2008
  2. PBM PRODUCTS, LLC v. Mead Johnson & Co.Court of Appeals for the Fourth Circuit · 2011
  3. Belk, Incorporated v. Meyer Corporation, U.S.Court of Appeals for the Fourth Circuit · 2012
  4. Richmond Medical Center for Women v. HerringCourt of Appeals for the Fourth Circuit · 2009
  5. Belk, Incorporated v. Meyer Corporation, U.S.Court of Appeals for the Fourth Circuit · 2012

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