- Today, the U.S. Supreme Court struck down a Nebraska ban on so-called "partial-birth abortion," finding it an unconstitutional violation of Roe v. Wade, the landmark decision that guaranteed women's right to choose abortion 27 years ago. The Court's decision in Stenberg v. Carhart exposed these bans for what they are: extreme and deceptive attempts to outlaw abortion --even early in pregnancy -- that jeopardize women's health. The Court's decision will have the domino effect of rendering similar bans passed in over 30 states and Congress unconstitutional or unenforceable.
"Today the Supreme Court exposed the deception behind these bans. But, today's 5-4 decision also demonstrates that the right to choose is a fragile one. Roe v. Wade is a right that has been subject to successful political attack. Year after year, tactic after tactic, deceptive and extreme campaigns have been waged to overturn the right to choose. We fought back this time, but what's next?" said Janet Benshoof, president of the Center for Reproductive Rights and co-counsel in the case.
"The Court did not close the door to anti-choice politicians who seek to topple Roe. However, from this day forth, it will no longer be credible for politicians to claim to be pro-choice while supporting these abortion bans," said Benshoof.
In a majority opinion written by Justice Breyer, the Supreme Court affirmed that restrictions on previability abortions lacking provisions to protect women's health violate Roe v. Wade and other precedents guaranteeing the right to choose abortion. In addition, the Court determined that the effect of the bans went well beyond prohibitions against so-called "late term" abortion, finding the ban to be so broad and vague that constitutionally protected abortion procedures performed before viability could be prohibited. The majority decision was joined by five Justices. Four separate dissenting opinions were filed by Chief Justice Rehnquist and Justices Scalia, Kennedy, and Thomas, demonstrating that Roe and the right to choose is imperiled.
Justice Breyer wrote that the Nebraska ban violates the Supreme Court precedents Roe v. Wade and Planned Parenthood v. Casey by failing to include an exception to preserve the health of the woman and by imposing an undue burden on a woman's ability to choose an abortion. Breyer wrote that the cases "make clear that a risk to a woman's health is the same whether it happens to arise from regulating a particular method of abortion, or from barring abortion entirely." The majority decision was supported by five Justices. Four separate dissenting opinions were filed by Justices Rehnquist, Scalia, Kennedy, and Thomas, demonstrating that Roe and the right to choose is imperiled.
Simon Heller, the Center for Reproductive Rights' Director of Litigation, who argued the case before the Court on April 25, said, "We are elated that the Court recognized that women in America have a fundamental constitutional liberty to protect their health. The majority opinion confirms that this was a direct assault on the right to choose, and the strong dissents demonstrate the fragility of that right."
The Center for Reproductive Rights presented three arguments to the Court. First, the Nebraska law and others like it are deceptive measures that would outlaw virtually every abortion provided in America, second, the bans are extreme in that they make no exceptions for women's health and criminalize doctors for providing the safest medical care, and third, the laws are unconstitutional because they deny women the right to choose abortion guaranteed by Roe v. Wade and Planned Parenthood v. Casey.
The Center for Reproductive Rights represented Dr. LeRoy Carhart, the Nebraska physician who challenged the abortion ban in 1997. "I am proud that the Supreme Court has recognized these criminal abortion bans for what they are--a threat to women's health and a violation of the right of all Americans to obtain medical care without government intervention in the doctor-patient relationship," said Dr. Carhart.
So-called "partial-birth abortion" bans have been passed in 31 states. Courts have blocked or limited bans in 18 states. Today's ruling all but guarantees that state and federal courts considering the constitutionality of the bans will follow the High Court's ruling and strike down the remaining state statutes. For an analysis of the status of abortion bans in the states, visit our website at www.reproductiverights.org
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