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...Nebraska defines a "partial-birth abortion" as a procedure in which someone "performing the abortion partially delivers vaginally a living unborn child before killing the child and completing the delivery." However, "partial-birth abortion" is a misleading term--as well as a non-medical one--because the Nebraska law and the popular debate applies only to pre-viability abortions in which the fetus is unable to live outside the womb and therefore could not be "born" and survive...

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

...complete the procedure, the doctor punctures its skull and extracts its contents. In a dilation and evacuation (D&E) abortion, the woman's cervix is also dilated, but the fetus is dismembered before being removed in pieces through the vagina. Under questioning from Justice Sandra Day O'Connor, Nebraska Attorney General Don Stenberg conceded that the state could not constitutionally prohibit D&E abortions...

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

...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 a wider range of procedures...

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

...Planned Parenthood of Southeastern Pennsylvania v. Casey decision, the Supreme Court ruled that a state may not create an "undue burden" for any woman making "the decision to terminate her pregnancy before viability." In striking down the Nebraska statute law last year, the United States Court of Appeals for the Eighth Circuit, in St. Louis, ruled that the statute's language was broad enough to encompass the D&E procedure, imposing an "undue burden" on the woman seeking an abortion. Most of the lower federal courts that have addressed partial-birth abortion bans have ruled based on the "undue burden...

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