Washington,
DC -Today, 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.
"Today the Supreme Court exposed the deception behind these bans.
But, today's 5-4 decision also demonstrates that the right to choose is a
fragile one. Roe v. Wade is a right that has been subject to
successful political attack. Year after year, tactic after tactic,
deceptive and extreme campaigns have been waged to overturn the right to
choose. We fought back this time, but what's next?" said Janet
Benshoof, president of CRLP and co-counsel in the case.
"The Court did not close the door to anti-choice politicians who
seek to topple Roe. However, from this day forth, it will no longer
be credible for politicians to claim to be pro-choice while supporting
these abortion bans," said Benshoof.
In a majority opinion written by Justice Breyer, the Supreme Court
affirmed that restrictions on previability abortions lacking provisions to
protect women's health violate Roe v. Wade and other precedents
guaranteeing the right to choose 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.
Justice Breyer wrote 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.
Breyer wrote that the cases "make clear that a risk to a woman's health
is the same whether it happens to arise from regulating a particular
method of abortion, or from barring abortion entirely." The majority
decision was supported by five Justices. Four separate dissenting opinions
were filed by Justices Rehnquist, Scalia, Kennedy, and Thomas,
demonstrating that Roe and the right to choose is imperiled.
Simon Heller, CRLP's Director of Litigation, who argued the case before
the Court on April 25, said, "We are elated that the Court recognized
that women in America have a fundamental constitutional liberty to protect
their health. The majority opinion confirms that this was a direct assault
on the right to choose, and the strong dissents demonstrate the fragility
of that right."
CRLP presented three arguments to the Court. First, the Nebraska law
and others like it are deceptive measures that would outlaw virtually
every abortion provided in America, second, the bans are extreme in that
they make no exceptions for women's health and criminalize doctors for
providing the safest medical care, and third, the laws are
unconstitutional because they deny women the right to choose abortion
guaranteed by Roe v. Wade and Planned Parenthood v. Casey.
CRLP represented Dr. LeRoy Carhart, the Nebraska physician who
challenged the abortion ban in 1997. "I am proud that the Supreme Court
has recognized these criminal abortion bans for what they are--a threat to
women's health and a violation of the right of all Americans to obtain
medical care without government intervention in the doctor-patient
relationship," said Dr. Carhart.
So-called "partial-birth abortion" bans have been passed in 31 states.
Courts have blocked or limited bans in 18 states. Today's ruling all but
guarantees that state and federal courts considering the constitutionality
of the bans will follow the High Court's ruling and strike down the
remaining state statutes. For an analysis of the status of abortion bans
in the states, visit CRLP's website at www.crlp.org
For more information about the Supreme Court case Stenberg v.
Carhart (99-830), please visit the special report on our
website.