Summary
Nebraska ban on partial birth abortions
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Extract
Stenberg v. Carhart.
Dr. Leroy Carhart is a Nebraska physician who performs abortions in a clinical setting. He brought this lawsuit in Federal District Court seeking a declaration that the Nebraska statute violates the Federal Constitution, and asking for an injunction forbidding its enforcement. After a trial on the merits, during which both sides presented several expert witnesses, the District Court held the statute unconstitutional. 11 F. Supp.2d 1099 (D.Neb. 1998). On appeal, the Eighth Circuit affirmed. 192 F.3d 1142 (8th Cir. 1999); Stenberg v. Carhart, 120 S. Ct. 2597, 2605 (2000). The United States Supreme Court affirmed holding that the Nebraska ban on partial birth abortions violates the Federal Constitution as interpreted in Casey and Roe. 120 S. Ct. at 2604-17. Justice Breyer delivered the opinion of the Court. Id. at 2604. Justices Stevens, O'Connor and Ginsburg filed concurring opinions. Id. Chief Justice Rehnquist and Justices Scalia, Kennedy, and Thomas filed dissenting opinions. Id. The Supreme Court's own syllabus ably summarizes its rationale. Id. at 2600-04.
The Majority Opinion The Court's fundamental premise is that the Constitution offers basic protection to a woman's right to choose whet...See the full content of this document
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