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GONZALES V.

CARHART
550 U.S. 124 (2007)

Procedural History/Facts
 Most abortions occur in 1st trimester, but most common method during 2nd was dilation &
evacuation (D&E)
 In Stenberg v. Carhart (2000), SC held that Nebraska law outlawing D&E was
unconstitutional. In response, Congress passed Partial-Birth Abortion Ban Act of 2003,
which regulated abortion procedures  prohibited intact D&E.
o Variation of standard procedure, where fetus’s body mostly intact until abortion
completed.
 π’s argued act facially invalid b/c 1) vague & 2) imposed undue burden on right to abortion

Issue
Whether a law banning intact D&E w/o exception for health of mother was an unconstitutional
burden on constitutional abortion rights?

Holding
No, act was constitutional  x constitutionally vague

Reasoning (Kennedy)
 Act x constitutionally vague b/c statute described prohibited procedure w/ adequate
specificity.
o When defining intact D&E, act defined clear anatomical landmarks for partial delivery
o Guidelines clear to inform physicians of what was & wasn’t legal under act
 Act x undue burden on abortion right
o Under Casey, state has legitimate interest in protecting fetal right; must be balanced
against constitutional right to an abortion
 Unconstitutional if its purpose of effect creates a substantial obstacle to seeking
an abortion.
o Act only prohibited intact D&E, not alternative methods of abortion  x substantial
obstacle
 Act’s purposes legitimate under Casey  respect for dignity of human life,
safeguard integrity & reputation of medical profession, & protect women
who may later regret their decision.
 Health exception is constitutionally necessary only if medical evidence demonstrates that
intact D&E was safer for some woman than alternatives
o Medical evidence inconclusive  defer to Congress that no health exception
necessary

Concurrence/Dissent

 Justice Thomas’s (& Scalia) Concurrence ––


o No constitutional right to abortion. Ct’s abortion jurisprudence x basis in Constitution
 Justice Ginsburg’s Dissent ––
o Majority misapplied Casey  Ample evidence that intact D&E is safest procedure
for some women
o Women capable of making their own decisions about abortion. O’Connor’s view was
antiquated with society’s view of woman’s role in society

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