Stenberg

Ginsburg pointedly noted that the Court is "differently composed than it was when we last considered a restrictive abortion regulation" -- in Stenberg in 2000.

Constitutional Issues 2008

The dissenters certainly knew, and said, that today's partial-birth decision is not easily reconcilable with the majority opinion in Stenberg v. Carhart seven years ago.

Balkinization 2007

Antonio, that's a rough paraphrase from Steven's concurrence in Stenberg, in which he denied that the state had any "legitimate interest in in requiring a doctor to follow any procedure other than the one that he or she reasonably believes will best protect the woman in her exercise of this constitutional liberty."

Balkinization 2007

But the parties in Stenberg did not ask for, and we did not contemplate relief more finely drawn.

Balkinization 2006

So it's possible that even if the issue had been raised in Stenberg, the Court would have struck down the whole statute because it had an additional constitutional problem.

Balkinization 2006

The court struck down a similar state statute in Stenberg v. Carhart.

Balkinization 2006

Does this mean that if the issue had been raised in Stenberg, the Court would have upheld the majority of the statute by inserting a health exception?

Balkinization 2006

There was another problem with the partial birth abortion statute in Stenberg -- it reached some early term D&E abortions rather than just late term D&X abortions.

Balkinization 2006

We held Nebraska's [partial birth abortion law] unconstitutional [in Stenberg] because it lacked a health exception.

Balkinization 2006

So if the Supreme Court someday strikes down the federal ban on partial birth abortions, and Congress overturns that judgment, the Court's decision in Stenberg v. Cahart is still good law, because it struck down Nebraska's partial birth abortion law.

Balkinization 2004