U.S. Senate Candidates Criticize Abortion Ruling

Former governor James S. Gilmore III, who is running for the Republican nomination for U.S. Senate, criticized yesterday's decision of the 4th U.S. Circuit Court of Appeals striking down Virginia's ban on partial birth abortions.

"This outcome shows how critical it is to have federal judges who will strictly interpret the Constitution," Gilmore said. "This unfortunate ruling by the 4th Circuit Tuesday was decided by two judges appointed by President Bill Clinton. If I am elected to the U.S. Senate I will support the selection of federal judges who do not try to rewrite laws that have been enacted by a duly elected legislature."

Likely Democratic candidate Mark R. Warner was governor when the General Assembly approved the ban on late-term abortions in 2003. He opposed the ban, but the General Assembly overruled him. Warner declined to comment on the court ruling, which will likely thrust the issues of abortion and federal appellate court appointments into the Senate race.

But Gilmore and his Republican opponent, Del. Robert G. Marshall of Prince William, are urging Attorney General Robert F. McDonnell (R) to appeal the decision.

Marshall, who authored the 2003 bill, called the ruling "a corruption of law, and the procedure is the destruction of medicine."

"We can no longer accept soothing words from politicians who say they will appoint pro-life judges when they clearly have not done so since 1973. Abortion up to birth is currently justified by judges ratified by the United States Senate,'' he said.

"Members of Congress have to take responsibility. Any politicians who says he will appoint pro-life judges is simply telling us that he does not want to deal with the question of the definition of life. Congress can define all the terms of the 14th Amendment, including 'persons' and 'citizens' to include unborn children."