Federal Judge Richard L. Williams heard arguments on November 24, 2003 on the request by the Center for Reproductive Rights to overturn the ban on partial-birth infanticide passed by the General Assembly. Judge Williams had issued a preliminary injunction on July 1, 2003, the day the law was to take effect, preventing its enforcement. Judge Williams could let the case go to trial or he could make a determination himself that the law is unconstitutional based on pretrial testimony.

Virginia Attorney General Jerry W. Kilgore notes that the law was carefully crafted to avoid the issue of constitutionality. He is vigorously defending the law.

Judge Williams took issue with the title of the law using the word “infanticide,” saying that use of that word could “set off all kinds of fireworks and sirens.” Earlier, after his initial injunction, he called it a “no-brain case,” according to the Associated Press.

He did not indicate when he would issue his ruling. However, his injunction blocking enforcement remains in effect.

Published in VSHL Lifesaver, January 2004