Stenberg v. Carhart
Where a state seeks to prohibit a particular abortion procedure and medical authority shows that the banning of such procedure could endanger a woman’s health, the statute must include a health exception when the procedure is necessary, in appropriate medical judgment, for the preservation of the life or health of the mother.
P was a physician who performed partial birth abortions, in violation of a Nebraska statute. She sued claiming the statute violated the constitution.
The decision in Casey established the following principles: o Before viability the woman has a right to choose to terminate her pregnancy o A law designed to further the state’s interest in fetal life which imposes an undue
burden on the woman’s decision before fetal viability is unconstitutional o Subsequent to viability, the state in promoting its interest in the potentiality of
human life may, if it chooses, regulate and even proscribe abortion except where it is necessary in appropriate medical judgment for the preservation of the life or health of the mother
this statute violates the constitution interpreted thru Roe v. Wade for two reasons: o the law lacks an exception for the perseveration of the health of the mother o it imposes an undue burden on a woman’s ability to choose a D & E abortion
thereby unduly burdening the right to obtain an abortion itself
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