The Court of Appeals in Virginia yesterday upheld that state's ban on partial birth abortions by a 6-5 vote. A three member panel of the court had earlier invalidated the law but had to revisit the issue after the U.S. Supreme Court upheld a national ban on the procedure.
There are two effects of the ruling, both of them admirable. First, it keeps the legislature in the business of deciding policies on this issue instead of the courts. People forget that Roe v. Wade permitted the state to set regulations and restrictions on the procedure. The state legislature is the proper venue for determining such regulations and restrictions.