The Supreme Court and Abortion: The Implications of Gonzales v. Carhart (2007)

LIFE AND LEARNING XVII: THE PROCEEDINGS OF THE SEVENTEENTH UNIVERSITY FACULTY FOR LIFE CONFERENCE 103-128 (J. Koterski ed., 2008)

26 Pages Posted: 28 Jun 2012

Date Written: June 1, 2007

Abstract

This paper considers the Supreme Court’s decision in Gonzales v. Carhart, in which the Court upheld the constitutionality of the Partial-Birth Abortion Act of 2003. First, I will consider the Court’s prior treatment of abortion from Roe v. Wade through Stenberg v. Carhart, the Court’s decision in 2000 that invalidated Nebraska’s ban on partial-birth abortion. Second, I will consider the Congressional treatment of the issue of partialbirth abortion, which resulted in the enactment of the Partial-Birth Abortion Ban Act of 2003. Third, I will briefly describe the lower court decisions that all held the Act unconstitutional. Fourth, I will discuss the Court’s April 18, 2007 decision in Gonzales v. Carhart. Fifth, I will offer some general observations about the impact that this decision will have. I believe that the Court’s decision in Gonzales v. Carhart will help to bring us closer to the day when Roe v. Wade and Planned Parenthood v. Casey will be overruled.

Suggested Citation

Myers, Richard S., The Supreme Court and Abortion: The Implications of Gonzales v. Carhart (2007) (June 1, 2007). LIFE AND LEARNING XVII: THE PROCEEDINGS OF THE SEVENTEENTH UNIVERSITY FACULTY FOR LIFE CONFERENCE 103-128 (J. Koterski ed., 2008), Available at SSRN: https://ssrn.com/abstract=2093614

Richard S. Myers (Contact Author)

Ave Maria School of Law ( email )

1025 Commons Circle
Naples, FL 34119
United States

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