Congressional Digest

Supreme Court Debates October 2000 No. 7 Vol. 3
Nebraska Attorney General Don Stenberg, et al.

Abortion Law and the Court

The Constitutionality of "Partial-Birth Abortion" Bans

Nebraska Attorney General Don Stenberg, et al.

Petitioners

L. Steven Grasz, Counsel of RecordOn June 8, 1997, the Nebraska State Legislature passed a law outlawing a late-term abortion procedure called dilation and extraction, also sometimes referred to as partial-birth abortion. Three days after the law was enacted, Leroy Carhart, a Nebraska physician who performs abortions, filed suit against Nebraska Attorney General Don Stenberg and three other Nebraska State officials, alleging the law was unconstitutional. After issuing a temporary injunction preventing the implementation of the statute, on August 10, 1998, the district court ruled the law unconstitutional. Nebraska appealed, and on September 24, 1999, the Eighth Circuit U.S. Court…

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