Excerpt
(Excerpted from Supreme Court Debates, December 2006)
On November 5, 2003, President George W. Bush signed the Federal Partial-Birth Abortion Ban Act into law.
It was the latest development in the heated abortion debate, and a direct challenge to the Supreme Court, which had struck down a similar Nebraska ban only three years before in Stenberg v. Carhart (2000). In that case, the Court invalidated the law because it was overbroad and because there was no exception allowing the procedure to preserve the health of the mother.
Congress, when it passed the ban, differentiated its law from the one in question in Sten…
In This Issue
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Foreword
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Opinion of the Court
Late-Term D&X Abortions Can Be Outlawed
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Late-Term Abortions
Supreme Court Precedent and Federal Law
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Lower Court Holding
Decision of the Eighth Circuit U.S. Court of Appeals
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Before the Court
The Justices Weigh in During Oral Arguments
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Pro & Con
Is the Federal Partial Birth Abortion Ban Constitutional?
Pro
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Alberto R. Gonzales
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John M. Thorp, Jr., M.D., and Matercare International
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Sandra Cano, et al.
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Representative Ron Paul (TX-R) and the Association of American Physicians and Surgeons
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Conference of Catholic Bishops, et al.
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Horation R. Storer Foundation, Inc.
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Eagle Forum Education & Legal Defense Fund
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Pro-Life Legal Defense Fund, et al.
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Con
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LeRoy Carhart, M.D., et al.
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Coalition for Reproductive Choice, et al.
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Nationa Women's Law Center, et al.
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Representative Gary L. Ackerman (NY-D), et al.
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Stephen Chasen, M.D., et al.
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Professor George W. Cobb, et al.
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Cato Institute
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Professor David L. Faigman, et al.
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