Introduction
SUPREME COURT STRIKES DOWN NEBRASKA ABORTION BAN
On June 28, 2000, the U.S. Supreme Court struck down a Nebraska ban on
so-called "partial-birth abortion," finding it an unconstitutional
violation of Roe v. Wade, the landmark decision that guaranteed women's
right to choose abortion 27 years ago. The Court's decision in Stenberg
v. Carhart exposed these bans for what they are: extreme and deceptive
attempts to outlaw abortion --even early in pregnancy -- that jeopardize
women's health. The Court's decision will have the domino effect of
rendering similar bans passed in over 30 states and Congress
unconstitutional or unenforceable.
DECEPTIVE
"Partial-birth abortion" bans do not ban late abortions, nor do they
merely target one procedure. The bans potentially restrict the safest and
most commonly used abortion methods throughout pregnancy.
EXTREME
These bans are extreme measures that make no exceptions for serious
harm to a woman's health.
- The bans criminalize most abortion procedures with severe penalties
-- including imprisonment and fines -- against doctors.
- The American College of Obstetricians and Gynecologists,
representing over 90 percent of all ob-gyn specialists, rejects this law
as "inappropriate, ill advised and dangerous."
UNCONSTITUTIONAL
In a 5-4 vote, the U.S. Supreme Court struck down a Nebraska ban on
so-called "partial-birth abortion," finding it an unconstitutional
violation of Roe v. Wade. Writing for the majority, Justice Breyer
found that the Nebraska ban violates the Supreme Court precedents Roe
v. Wade and Planned Parenthood v. Casey by failing to include
an exception to preserve the health of the woman and by imposing an undue
burden on a woman's ability to choose an abortion
In addition, the Court determined that the effect of the bans went well
beyond prohibitions against so-called "late term" abortion, finding the
ban to be so broad and vague that constitutionally protected abortion
procedures performed before viability could be prohibited. The majority
decision was joined by five Justices. Four separate dissenting opinions
were filed by Chief Justice Rehnquist and Justices Scalia, Kennedy, and
Thomas, demonstrating that Roe and the right to choose is imperiled.
The Court's decision will have the domino effect of rendering similar
bans passed in over 30 states and Congress unconstitutional or
unenforceable.
Further Information