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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...

Author: By Zachary R. Heineman, | Title: Court Must Reaffirm Choice | 5/2/2000 | See Source »

...antiabortion activists are on the scene in Bellevue, waving placards, trying to pass out literature, yelling at the women or couples on their way in. But all that harassment pales next to the day in 1991 when arsonists burned down the farm of Mary and her husband Dr. LeRoy Carhart, 58, who runs the clinic. The fire killed 17 horses, and police never arrested anyone. On that day--the day Nebraska's parental-notification law went into effect and the day his daughter turned 21, the doctor decided abortion "would be my life's work...

Author: /time Magazine | Title: Abortion on Trial, Again | 5/1/2000 | See Source »

Perhaps that explains why Carhart, a retired Air Force lieutenant colonel who was head of surgery at nearby Offutt Air Force Base, has wound up as the plaintiff in the abortion case scheduled to be heard by the Supreme Court this week. It will be the first abortion case Justices have heard in eight years, and will test whether Nebraska and other states have the right to ban what has come to be called as partial-birth abortions. In the 1992 decision known as Planned Parenthood v. Casey, the Justices by a single vote reaffirmed Roe v. Wade, the landmark...

Author: /time Magazine | Title: Abortion on Trial, Again | 5/1/2000 | See Source »

...mean the process known as dilation and extraction. In this procedure, a woman's cervix is partly dilated to allow much of the fetus to emerge; a tube is then inserted into its skull and the contents suctioned out, allowing the head to emerge as well. Doctors like Carhart believe it is sometimes the safest way--least harmful to the woman's reproductive system--to remove a fetus of that size. The problem, doctors argue, is that state laws banning this method use language so vague that it effectively makes it illegal to perform most abortions at that stage...

Author: /time Magazine | Title: Abortion on Trial, Again | 5/1/2000 | See Source »

...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...

Author: /time Magazine | Title: Abortion on Trial, Again | 5/1/2000 | See Source »

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