The panel wrote that its decision was based on U.S. Supreme Court decisions and noted that its obligation was to that precedent. Citing a previous decision, the panel wrote: "But even if 'abortion [is] offensive to our most basic principles of morality . . . that cannot control our decision,' for our obligation is to apply the Supreme Court's definition of personal liberty, 'not to mandate our own moral code.' "
...The 4th Circuit is generally regarded as the nation's most conservative appellate court, but yesterday's decision was written by Judge M. Blane Michael and joined by Judge Diana Gribbon Motz -- both appointees of President Bill Clinton, a Democrat. Judge Paul V. Niemeyer, an appointee of President George H.W. Bush, dissented.
...In his dissent, Niemeyer said the majority's decision "is a bold new law that, in essence, constitutionalizes infanticide of a most gruesome nature."
Niemeyer accused the majority of basing its decision on "the color of political ideology" and said the ruling "amounts to a momentous step in disconnecting our law from accepted moral norms."
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