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 filed by [[late term abortion | late term abortionist]] [[LeRoy Carhart]].<ref>[http://reproductiverights.org/en/press-room | Statement by 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 | 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.

This ruling was by the narrowest of margins, 5-4, and one of the Justices in the majority ([[Sandra Day O'Connor]]) has been replaced by Justice [[Samuel Alito]].  

This ruling was by the narrowest of margins, 5-4, and one of the Justices in the majority ([[Sandra Day O'Connor]]) has been replaced by Justice [[Samuel Alito]].  

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]]''.

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]]''.

[[category:United States Supreme Court Cases]]

[[category:United States Supreme Court Cases]]

[[category:abortion]]

[[category:abortion]]