2008.05.30
A futile appeal
Attorney General Bob McDonnell has decided to appeal to the Fourth U.S. Circuit Court of Appeals a decision by a panel that struck down Virginia's partial-birth abortion law.
McDonnell's press release said "Following this decision, the Commonwealth had two options in proceeding: petition for a rehearing by the full Fourth U.S. Circuit Court of Appeals, or appeal the decision to the Supreme Court of the United States."
That's no so. The commonwealth had two other options: tweak the language to mirror the U.S. Supreme Court sanctioned law or leave it alone as the federal ban already applies. Of course either of those options takes the spotlight off McDonnell, the gubernatorial candidate.
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