Stenberg v. Carhart

In June of 2000, the United States Supreme Court struck down Nebraska's so-called "Partial Birth Abortion Ban" in Stenberg v. Carhart. Although Nebraska's was the first to reach the Supreme Court, similar laws had been passed in 30 states. The United States Congress also had passed bans which were vetoed by President Clinton in 1996 and 1997. Attorneys attacking the constitutionality of law in the Nebraska case presented three arguments to the court:

1. These bans are deceptive measures designed to outlaw virtually every type of abortion procedure.
2. These laws are unconstitutional because they have no exceptions for women's health, and they criminalize doctors for providing the safest medical care.
3. These laws are unconstitutional because they unduly burden a women's right to choose, thus violating standards set in Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey.

Ruling

Justice Breyer wrote the majority opinion in the 5-4 decision. He stated that restrictions on pre-viability abortions lacking protections for women's health violate Roe v Wade and other Supreme Court precedent. The Court ruled that the bans were unconstitutionally broad and vague, and unduly burdened a woman's right to choose abortion. This case confirms that Roe and Casey guarantee a woman's right to choose the safest abortion method for her, and allows physicians to continue provide women with the highest level of care. However, four strong dissents were filed by the majority, demonstrating that a woman's reproductive rights lie in the precarious balance of the United States Supreme Court. The National Abortion Federation, with the American College of Obstetricians and Gynecologists (ACOG), the American Medical Women's Association (AMWA), Physicians for Reproductive Choice and Health (PRCH), and the American Nurses Association (ANA), submitted an amicus brief to the Supreme Court that outlined the reasons why the medical community so strong opposed these bills. This brief was cited in oral arguments and in the majority opinion.