Judge J. Harvie Wilkinson of the 4th U.S. Circuit of Appeals wrote in his opinion, "The fact is that we – civilized people – are retreating to the haven of our Constitution to justify dismembering a partly born child and crushing its skull. Surely centuries hence, people will look back on this gruesome practice done in the name of fundamental law by a society of high achievement. And they will shudder.”
"A partially born child is among the weakest, most helpless beings in our midst and on that account exerts a special claim on our protection," Wilkinson added.
In a 6-5 vote on Wednesday, the court ruled the Virginia Act – which prohibits killing a human infant who has been born alive – constitutional.