The Washington Post reports on the Fourth Circuit Court's en banc decision to uphold Virginia's partial birth abortion ban.  Josh White states,

A sharply divided federal appeals court ruled constitutional yesterdaya Virginia law banning "partial birth" abortion that was overturnedfour years ago, bringing the state in line with a federal ban on thecontroversial procedure.

A three-judge panel of the U.S. Court of Appeals for the 4th Circuitoverturned the Virginia law in 2005 by a 2 to 1 vote, finding that itdid not allow for exceptions to safeguard a woman's health. The SupremeCourt ordered the appeals judges to revisit the issue when it upheldthe Partial Birth Abortion Ban Act two years ago, a law passed byCongress in 2003 that is similar to Virginia's ban.

Although the Virginia law permits women to choose various abortionprocedures, it specifically makes it a crime for doctors to perform arare midterm abortion that involves partially delivering the fetusbefore crushing its skull to ease removal.

William G. Fitzhugh, a Richmond doctor who challenged the law,argued that the procedure can be necessary to protect the life of apatient and that banning it could prevent doctors from performing legalprocedures out of a fear of prosecution. Opponents of the procedureliken it to infanticide. . . .