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| − | ''Stenberg v. Carhart'' (2000) was the Supreme Court decision which invalidated state laws against [[partial-birth abortion]]. In the case, a Nebraska law outlawed partial-birth abortion even in cases where the mother's life was in danger. The ruling was by the narrowest of margins, 5-4, and one of the Justices in the majority (Sandra Day O'Connor) has been replaced by Justice Samuel Alito. | + | ''Stenberg v. Carhart'' (2000) was the Supreme Court decision which invalidated state laws against [[partial-birth abortion]], specifically declaring as unconstitutional a Nebraska law that outlawed partial-birth abortion. This ruling was by the narrowest of margins, 5-4, and one of the Justices in the majority ([[Sandra Day O'Connor]]) has been replaced by Justice [[Samuel Alito]]. |
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| | + | This decision was subsequently narrowed, or even tacitly overruled, by ''[[Gonzales v. Carhart]]''. |
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| | == Opinions== | | == Opinions== |
| − | The main opinion of the court, written by [[Stephen Breyer]], stated that following the precedent of [[Planned Parenthood v. Casey]] any law which put an "undue burden" on a woman's "right to choose" was unconstitutional. [[Ruth Bader Ginsburg]],[[Paul Stevens]], and O'Connor wrote concurrences which focused on the health concerns and the doctor-patient relationship. In particular, O'Connor wrote that such a law required an exception for allowing the procedure if it was necessary for the health of the mother. | + | The main opinion of the court, written by [[Stephen Breyer]], held that the precedent of [[Planned Parenthood v. Casey]] required holding as unconstitutional this law based on his view that it placed an "undue burden" on obtaining an [[abortion]]. Justices [[Ruth Bader Ginsburg]], [[John Paul Stevens]], and O'Connor wrote concurrences which focused on speculative health concerns and the doctor-patient relationship. In particular, O'Connor wrote that such a law required an exception for allowing the procedure if the abortionist felt that his operation was needed for the health of the mother. In ''[[Bolton v. Doe]]'' 1973), the Court had defined health of the mother to include psychological or even [[economic]] considerations. |
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| | ==Dissents== | | ==Dissents== |
| − | [[Anthony Kennedy]] wrote a dissent arguing that the law was consistent with Casey since Casey allowed some laws protecting the fetuses. [[Clarence Thomas]] and [[Antonin Scalia]] wrote separate additional dissents rejecting that there was any right to an abortion at all and thus not recognizing any logic which used Casey or [[Roe v. Wade]]. Indeed, Scalia went so far in his dissent to attack Kennedy's claims that the majority was not following Casey and argued furthermore that the decision by the majority demonstrated a reducio ad absurdam of Casey. | + | Justice [[Anthony Kennedy]] wrote a dissent arguing that the law was consistent with ''Casey'' because it allowed some laws protecting the fetuses. Justices [[Clarence Thomas]] and [[Antonin Scalia]] wrote separate additional dissents rejecting that there was any right to an [[abortion]] at all and thus not recognizing any logic which used ''Casey'' or ''[[Roe v. Wade]]''. Indeed, Justice Scalia went so far in his dissent to attack Justice Kennedy's claims that the majority was not following ''Casey'' and argued furthermore that the decision by the majority demonstrated a reducio ad absurdam of ''Casey''. |
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| | + | == Subsequent Developments == |
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| − | A federal law banning partial-birth abortion was signed into law in 2003. Entitled the Partial-Birth Abortion Ban Act (HR 760, S 3), it passed in the House with a vote of 281-142 and in the Senate with a vote of 64-34. Federal courts have prevented it from ever taking effect, decisions are one review (March 2007) by the [[U.S. Supreme Court]] in ''Gonzales v. Carhart''. | + | A federal law banning [[partial-birth abortion]] was signed into law in 2003. Entitled the Partial-Birth Abortion Ban Act (HR 760, S 3), it passed in the House with a vote of 281-142 and in the Senate with a vote of 64-34. Federal courts prevented it from ever taking effect until the [[U.S. Supreme Court]] upheld the law in early 2007 in ''[[Gonzales v. Carhart]]''. |
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| − | [[category:United States Supreme Court]] | + | [[category:United States Supreme Court Cases]] |
| | [[category:abortion]] | | [[category:abortion]] |