Changes

In '''''Stenberg v. Carhart''''', 530 U.S. 914 (2000), the [[U.S. Supreme Court]] decision which invalidated state laws against [[partial-birth abortion]], specifically declaring as unconstitutional a [[Nebraska]] law that outlawed [[abortion|partial-birth abortion]].  The case was predicated on the practice of [[late term abortion | late term abortionist]] [[LeRoy Carhart]].<ref>[http://www.law.cornell.edu/supct/html/99-830.ZD2.html | Stenberg v Carhart]</ref> The Court invalidated these laws even though they had never been applied, contrary to its ruling in ''[[United States v. Salerno]]'', 481 U.S. 739, 745 (1987), that a facial challenge to a statute can succeed only if there are no circumstances in which the statute may be applied constitutionally.  The Court did not even cite or distinguish the ''Salerno'' rule.

In '''''Stenberg v. Carhart''''', 530 U.S. 914 (2000), the [[U.S. Supreme Court]] decision which invalidated state laws against [[partial-birth abortion]], specifically declaring as unconstitutional a [[Nebraska]] law that outlawed [[abortion|partial-birth abortion]].  The case was predicated on the practice of [[late term abortion]]ist [[LeRoy Carhart]].<ref>[http://www.law.cornell.edu/supct/html/99-830.ZD2.html   Stenberg v Carhart]</ref> The Court invalidated these laws even though they had never been applied, contrary to its ruling in ''[[United States v. Salerno]]'', 481 U.S. 739, 745 (1987), that a facial challenge to a statute can succeed only if there are no circumstances in which the statute may be applied constitutionally.  The Court did not even cite or distinguish the ''Salerno'' rule.

This ruling was by the narrowest of margins, 5-4, and one of the Justices in the majority ([[Sandra Day O'Connor]]) has been replaced by Justice [[Samuel Alito]].  

This ruling was by the narrowest of margins, 5-4, and one of the Justices in the majority ([[Sandra Day O'Connor]]) has been replaced by Justice [[Samuel Alito]].  

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[[category:United States Supreme Court Cases]]

[[Category:United States Supreme Court Cases]]

[[category:abortion]]

[[Category:Abortion]]