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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