Stenberg v. Carhart — Thomas, J., Dissenting

Summary

Justice Thomas, dissenting, argues the Nebraska partial-birth abortion statute does not ban standard dilation and evacuation procedures and does not impose an undue burden under Casey. He contends the majority misinterprets the statute and expands health exception requirements without doctrinal basis. Justice Kennedy, joined by the Chief Justice, and Justice Scalia, also dissent, while Justice O'Connor, Ginsburg, and Stevens concur in the judgment.