Word: carhart
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Dates: during 2000-2009
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...write a new chapter in the history of reproductive law. Most of the abortion-related decisions since Roe v. Wade have been concerned with the process surrounding abortions--state rules requiring parental consent, spousal notice, waiting periods, information, record keeping--and not the abortion procedures themselves. However, Stenberg v. Carhart, argued last Tuesday before the court, gives the justices an opportunity to clarify the constitutionality of bans on certain abortion procedures, specifically so-called "partial-birth abortions." In the past five years, 30 states have enacted bans on partial-birth abortions, 18 of which have been blocked by federal...
...argument, Stenberg maintained that the statute applies only to the D&X procedure. However, Dr. Leroy Carhart argues--and a lower court agreed--that the law as written could be interpreted as including the D&E procedure. And, according to Carhart, even in first-trimester procedures "fetal elements" sometimes enter the vagina before the fetus is dead, meaning that zealous prosecutors could use the law against doctors performing virtually any abortion. In fact, the Nebraska legislature passed up opportunities to more narrowly define the law to include only D&X, which abortion-rights have interpreted as an attempt to target...
Unfortunately, as Carhart's lawyer, Simon Heller, pointed out, "Every abortion procedure involves fetal demise...
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...
...Carhart, the decision, which is expected in late June, will determine if he stays in business as one of only three abortion providers in the state and the only one who performs abortions after 16 weeks. He says that if the Nebraska law stands, he will shut his practice down rather than risk a $25,000 fine and 20 years in prison. Some women travel more than 25 hours by bus from the Pine Ridge Sioux reservation to get his help, which he advertises with an immense new sign on the side of the building. A smaller, older sign...