Stenberg v. Carhart — Ginsburg, J., Concurring

Summary

Justice Ginsburg concurred to emphasize that Nebraska’s law targeted only a method of abortion rather than protecting women or fetuses, and thus chipped away at private choice without constitutionally relevant justification. She argued that statutes burdening constitutional rights and motivated solely by hostility to those rights constitute an undue burden. Justice Stevens joined this concurrence, and other justices filed separate dissents and concurrences challenging the majority’s application of the undue burden standard and the interpretation of the state statute.