The full 4th U.S. Circuit Court of Appeals will rehear a challenge to Virginia’s ban on a late-term abortion procedure.

On two occasions a three-judge panel of the same court ruled 2-1 that the challenge was successful — that the Virginia ban on what opponents call "partial-birth abortion" was unconstitutional.

In 2005, and again in May, Judges M. Blane Michael and Diana Gribbon Motz ruled that Virginia’s 2003 law banning what opponents call "partial-birth abortion" is unconstitutional. Judge Paul V. Niemeyer dissented each time.

Virginia Attorney General Bob McDonnell asked the full court to rehear the case, and today a majority of the judges agreed. Oral argument is expected to be heard in October.

"I am pleased by today’s decision that the full 4th U.S. Circuit Court of Appeals will hear this case for the first time," McDonnell said in a statement. "I am hopeful that the full court will overturn the earlier divided panel decision."

Stephanie Toti, lead attorney on the case for the Center for Reproductive Rights, said the group was "somewhat surprised" at the development.

"The legal issues involved are fairly straightforward," she said.

The May decision striking down the law was consistent with a prior U.S. Supreme Court ruling in another case, Toti said.

Contact Frank Green at fgreen@timesdispatch.com  ¶