Stenberg v. Carhart — Scalia, J., Dissenting

Summary

Justice Scalia's dissent argues that the Court's invalidation of Nebraska's partial-birth abortion statute is a logical consequence of Planned Parenthood v. Casey, not a misapplication. He contends the undue burden test is value-laden and asserts Casey must be overruled. The dissent is joined by Justice Thomas, with whom Justice Rehnquist also joins.