In the Center for Reproductive Rights’ case Gonzales v. Carhart, U.S. District Judge Richard Kopf in Nebraska declared the "Partial Birth Abortion Ban Act of 2003" unconstitutional, recognizing the law as a threat to women's health.

Judge Kopf’s ruling, issued September 8, 2004, included the following:

"…the overwhelming weight of the trial evidence proves that the banned procedure is safe and medically necessary in order to preserve the health of women under certain circumstances. In the absence of an exception for the health of a woman, banning the procedure constitutes a significant health hazard to women."

"Congress tried to turn the Stenberg decision on its head. Contrary to the findings of numerous federal trial courts throughout the nation, Congress asserted that ‘partial-birth abortions’ are dangerous to the health of women. The trial evidence in this case proves that Congress grievously erred when it made that finding."

"I both find and conclude that, during the second trimester, a law banning D&E abortions would be an undue burden because it would ban the most commonly used method of abortion which is also, generally, the safest method."

"The long and short of it is that Congress arbitrarily relied upon the opinions of doctors who claimed to have no (or very little) recent and relevant experience with surgical abortions, and disregarded the views of doctors who had significant and relevant experience with those procedures."

"In summary, the congressional record proves that the key Congressional Findings are unreasonable. The inferences that Congress drew from its record are not supported by substantial evidence contained within that record. In fact, the congressional record proves the opposite of the Congressional Findings."

"Based upon its own record, it was unreasonable to find, as Congress did, that there was ‘consensus’ of medical opinion supporting the ban. Indeed, a properly respectful review of that record shows that a substantial body of contrary, responsible medical opinion was presented to Congress. A reasonable person could not conclude otherwise."

Quotes and Testimony from the June 2004 Trial

"I have to tell you, I don't see that Congress spent anywhere near the kind of effort that you folks have spent in honestly trying to give me a fair picture of the medical situation." Later, he asked the lawyer for the Department of Justice, "The question really is, did Congress really care about whether this was safe or unsafe?"
-U.S. District Judge Richard Kopf,
Addressing the attorneys during opening arguments

Q. "Do you think that any abortions you perform would be prohibited by this Act?"
A. "I think that not only mine but every D&E procedure would be affected...every procedure could potentially break the law. I find that unacceptable."

In response to a question about what he would do if the Act were in effect:
A. "I would stop doing abortions past 13 weeks and go back to where we were in 1969."
-Dr. Leroy Carhart,
Testimony in court

"This case is not about abortions in the third trimester. It affects the safest procedures I perform as early as 12 weeks of pregnancy. I won this case in the Supreme Court four years ago. I'm back in court today because the government is back in my office, coming between me and my patient and telling me that I can't put my patient's health and safety first."
-Dr. Leroy Carhart,
Statement on the courthouse steps