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Last Tuesday the Supreme Court heard the case of Stenberg v. Carhart. Its ruling will determine the constitutionality of laws prohibiting so-called "partial-birth" abortions. While we are hopeful that the Nebraska law will be overturned, the debate is a reminder of the continued attacks upon a woman's right to choose...
...Leroy Carhart, the man challenging the Nebraska law, is a 58-year old retired Air Force lieutenant colonel. When the Nebraska legislature passed a law against performing partial-birth abortions--in fact a procedure medically known as dilation and extraction (D&X)-- Carhart found himself facing 20 years in jail for performing these abortions. That's twice the jail time he would have faced for performing abortions before Roe v. Wade. Carhart is the only doctor in Nebraska who will perform abortions in the second-trimester, before the fetus is viable. Roe v. Wade already allows states...
...vague enough to call into question whether D&E would be legal under the law, meaning that the law potentially bans any first or second trimester abortions. The Nebraska legislature actually voted down an amendment that would specifically ban D&X abortions instead of the vaguely worded "partial birth" abortion. The reason: Banning only the D&X procedure was not the intent of the bill's sponsors--the idea was to stop almost all abortions from being performed...
...Supreme Court should find clear precedent to reject the law on these grounds. Because "partial-birth" can describe both procedures, the Nebraska law clearly poses an "undue burden" upon women seeking abortions, a test the Supreme Court first applied in a ruling eight years ago on the constitutionality of limiting abortion procedures...
...Nebraska law is a good example of the "partial birth" abortion bans that have been passed by legislatures in 30 states. By striking down the Nebraska law the Supreme Court will be setting a precedent that both protects reproductive rights and discourages the passage of similar laws which attempt to ban procedure by procedure what cannot be banned constitutionally...