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RICHMOND MEDICAL CENTER FOR WOMEN v. GILMORE

No. Civ.A. 3:98cv309.

55 F.Supp.2d 441 (1999)

RICHMOND MEDICAL CENTER FOR WOMEN et al., Plaintiffs, v. Jim GILMORE et al., Defendants.

United States District Court, E.D. Virginia, Richmond Division.

July 16, 1999.

Attorney(s) appearing for the Case

Simon Heller, Bebe J. Anderson, Karen Raschke, The Center for Reproductive Law & Policy, New York City, Dara Klassel, Planned Parenthood Federation of America, New York City, for plaintiffs.

Mark L. Earley, Attorney General of Virginia, Willaim H. Hurd, Office of the Attorney General, Richmond, VA, for defendants.

MEMORANDUM OPINION

PAYNE, District Judge.

This action calls into question the constitutionality of the Virginia statute, Va.Code Ann. § 18.2-74.2 (the "Act"), which proscribes as criminal so-called "partial birth abortions," interpreted by the Commonwealth to mean the abortion procedure known as intact dilation and extraction and all potential variants thereof. The Commonwealth defends the Act first by arguing that the procedures which it proscribes...

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