The law was passed by the state's General Assembly in 2003 over objections from then-Democratic Gov. Mark Warner, who vetoed the law, but was overridden by lawmakers.

In its 2-1 ruling, the 4th U.S. Circuit Court of Appeals said the procedures covered under Virginia's ban "imposes an undue burden on a woman's right to obtain an abortion," The Washington Post reported.

Proponents of the law say the ban stops the killing of infants moments after they are delivered prematurely.

The 4th Circuit initially ruled against the law in 2005 because it lacked an exception to safeguard a woman's health, but in 2007, the U.S. Supreme Court upheld a federal ban on some types of late-term abortions.

The nation's high court then remanded the Virginia case back to the appeals court for reconsideration.

In Tuesday's ruling, the appellate court ruled there are differences between the federal ban and Virginia's law in the types of abortion procedures that are prohibited.