Block on Trump's Asylum Ban Upheld by Supreme Court
In a challenge to a restriction on late-term abortions, summary judgment for Plaintiff is reversed, where 1) the hypothetical situation posited by Plaintiff did not present a sufficiently frequent circumstance to render the statute wholly unconstitutional for all circumstances; and 2) Plaintiff did not present sufficiently concrete circumstances in which the as-applied challenge could be resolved.
Argued: October 28, 2008
Filed: June 24, 2009
Opinion by Judge Niemeyer
Concurrence by Judge Wilkinson
Dissent by Judge Michael
Robert F. McDonnell, Attorney General of Virginia, Richmond, VA
William C. Mims, Chief Deputy Attorney General, Richmond, VA
David E. Johnson, Deputy Attorney General, Richmond, VA
Stephanie Toti, Center for Reproductive Rights, New York, NY
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