Supreme Court Strikes Anti-Abortion Law
Dateline: 06/28/00
The U.S. Supreme Court today issued a 5-4 ruling striking down as unconstitutional a state law prohibiting the procedure referred to as a "partial birth abortion" in the state of Nebraska.
Today's ruling in the case of Stenberg v. Carhart is considered a major victory for pro-choice advocates as similar anti-abortion laws in 30 other states may now be struck down.
In a partial-birth abortion, all of the unborn fetus, except for the head, is removed from the mother's uterus. The fetus is then killed by removing the contents of the skull.
| Discuss this issue: Should states be allowed to ban partial-birth abortions? |
The Nebraska law ruled unconstitutional today made performing a partial-birth abortion a crime except in cases where the procedure was necessary to save the mother's life.
The ruling issued today decided the first major abortion case to come before the Supreme Court since the 1992 case of Planned Parenthood v. Casey which reaffirmed the landmark 1973 Roe v. Wade decision, which declared that a woman's right to have an abortion is provided for in the Constitution.
In writing the Court's majority opinion, Justice Stephen Breyer declared that the Nebraska law had resulted in an, "undue burden upon a woman's right to make an abortion decision."
Reference Links
Complete Supreme Court Decision
Full text of the Court's 5-4 decision in Stenberg v. Carhart. From FindLaw.Case Briefs
Legal opinions and briefs filed on this case. From FindLaw.Supreme Court strikes down controversial Nebraska abortion law
CNN Report of June 28, 2000.
Supreme Court Strikes Down Abortion Ban (Women's Issues)
The Supreme Court struck down the Nebraska ban on "partial-birth abortion" calling the ban too vague and noting the lack of an exception for the health of the mother. Women's Issues Guide Karen Gould looks at the background of the case and the decision.
LeRoy Carhart challenged Nebraska's brain-sucking abortion ban with a story so lame it wouldn't fool Bullwinkle. But five Justices said, in essence, "Hey, works for me!" and sent Carhart merrily back to resume squishing fetus heads. A news/editorial piece by Pro Life Guide Christina Dunigan.
How can a woman exercise her right to choose abortion if those pesky prolifers are outside the clinic offering her options she wants more? The Supreme Court backs abortionists' plea to protect their profits, under the guise of safety. From Pro Life Guide Christina Dunigan.
In its first major ruling on abortion since 1992, the U.S. Supreme Court has found Nebraska's law banning a vaguely-described abortion method unconstitutional. The decision was no surprise, but the close 5 to 4 vote was unexpected. Story by Pro-Choice Views Guide Margaret Sykes.
Find facts about so-called partial birth abortion. Learn why laws that ban partial-birth abortion are a problem. From Pro-choice Guide Margaret Sykes.
In their eagerness to defend late abortions, advocates of intact extraction took some liberties with the truth, from Pro-life Guide Christina Dunigan.
Deliberately-created confusion and lies make it hard to understand the difference between a 'method' and a 'time' of abortion. Here's why these controversial abortions are performed.
Crime Guide Bill Bickel asks for your opinion.
The US House passes the controversial bill banning partial-birth abortions. From your About Guide.
The Supremes puzzle over an incomprehensible 'partial-birth abortion' ban. From Civil Liberties Guide J.D. Tuccille.
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