Supreme Court of the United States

Stenberg v. Carhart

June 28, 2000530 U.S. 914

Summary

Justice Breyer, joined by Justices Stevens, O'Connor, Souter, and Ginsburg, held Nebraska's partial-birth abortion ban unconstitutional on two independent grounds: it lacked a necessary exception protecting women's health, and its language reached the commonly used D&E procedure, imposing an undue burden on previability abortion. The Court rejected the Attorney General's narrowing construction and declined certification to the Nebraska Supreme Court. Stevens, joined by Ginsburg, concurred that distinguishing between the two procedures served no legitimate state interest. O'Connor concurred that a ban confined to D&X and containing life and health exceptions could be constitutional. Ginsburg, joined by Stevens, emphasized that the law neither saved fetuses nor protected women and instead obstructed protected choice. Rehnquist dissented separately and joined Kennedy's and Thomas's dissents. Scalia dissented, joined Thomas's dissent, and urged overruling Casey. Kennedy, joined by Rehnquist, argued that the law prohibited only D&X, advanced legitimate state interests, and left safe alternatives available. Thomas, joined by Rehnquist and Scalia, likewise disputed the statutory construction and health-exception requirement and argued that the facial challenge failed.

Holding

  • Whether the statute required an exception protecting women's health.. The prohibition was unconstitutional because it lacked a health exception despite substantial medical authority supporting the conclusion that banning D&X could endanger some women's health.
  • Whether the statute imposed an undue burden by reaching D&E abortions.. The statute covered D&E as well as D&X and therefore imposed an unconstitutional undue burden on a woman's choice to obtain a previability abortion.
  • Whether the Attorney General's narrowing interpretation controlled.. The Court could not construe the statute as limited to delivery of the fetal body up to the head.
  • Whether certification to the Nebraska Supreme Court was appropriate.. Certification was neither required nor appropriate.

Docket 99-830

Cited authorities

  • Neb. Rev. Stat. Ann. §§ 23-1201
  • Neb. Rev. Stat. Ann. §§ 28-326
  • R. 1122
  • R. 1122
  • Neb. Rev. Stat. Ann. § 28-328(5)
  • Neb. Rev. Stat. Ann. § 84-205(3)
  • Neb. Rev. Stat. Ann. § 28-328(1)
  • Neb. Rev. Stat. Ann. § 28-328

Cited by

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