a partial-birth abortion is never necessary to preserve the health of a woman. The government asserts that the Ninth Circuit should have deferred to Congress’s finding on medical necessity, and argues that a court should not “replace Congress’s factual predictions with [its] own.” Brief for the Petitioners at 21 (quoting Turner II, 520 U.S. at 211).

"[19], Joined by justices David Souter, John Paul Stevens, and Stephen Breyer, Justice Ruth Bader Ginsburg dissented,[20] contending that the ruling was an "alarming" one that ignored Supreme Court abortion precedent and "refuse[d] to take Casey and Stenberg seriously." at 28–29. According to Washington Post reporter Benjamin Wittes, "The Court majority, following the path it sketched out last year in the New Hampshire case, decided to let the law stand as a facial matter and let the parties fight later about what, if any, applications need to be blocked."[18].

In essence, Planned Parenthood argues that the Ban indirectly targets the non-intact D&E procedures that the government claims the Ban does not reach. Id. [13], Oral arguments in this case (as well as its companion case) occurred on November 7, 2006. 108–105, § 2(14)(C), 117 Stat. The American College of Obstetricians and Gynecologists, which had submitted an amicus brief opposing the Act, described the Court's decision as "shameful and incomprehensible", ignorant of medical consensus, and chilling for the medical profession. Also before the Supreme Court was the consolidated appeal of Gonzales v. Planned Parenthood from the United States Court of Appeals for the Ninth Circuit, which had struck down the Partial-Birth Abortion Ban Act.

Before the Gonzales decision, both the US Court of Appeals for the Eighth Circuit and the US Court of Appeals for the Ninth Circuit had ruled that the federal Partial-Birth Abortion Ban Act of 2003 was unconstitutional. Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S. 833 (1992). This expectation comes from the high level of deference the Supreme Court has historically afforded congressional findings in some cases. ", According to an ABC News poll, the majority of Americans (69%) oppose the legality of D&X or what opponents call "partial-birth" abortion.[21]. Brief of Planned Parenthood Respondents at 36. [2], In addition, the Court distinguished this case from the Stenberg case (in which the Court struck down Nebraska's partial-birth abortion law) by holding that the state statute at issue in Stenberg was more ambiguous than the later federal statute at issue in Carhart. "due process"), the majority opinion stated it disagreed with the Eighth Circuit's determination that the federal statute conflicted with "the Due Process Clause of the Fifth Amendment, [which] is textually identical to the Due Process Clause of the Fourteenth Amendment."[9]. Id. In Stenberg the Court invalidated as unconstitutional a Nebraska statute that banned “partial-birth” abortions, both because it lacked a necessary health exception and because it placed an undue burden on women’s ability to choose a D&E abortion, which the Court held was an undue burden on “the right to choose abortion itself.” 530 U.S. at 930. In Gonzales v. Carhart (2007), the court upheld the federal Partial-Birth Abortion Ban Act (2003), which prohibited a rarely used abortion procedure known as intact dilation and evacuation. Id. In addition, the concurrence reiterated the justices' view that current abortion jurisprudence "has no basis in the Constitution." United States Court of Appeals for the Ninth Circuit, District Court for the Northern District of California, liibulletin: cert. The Partial-Birth Abortion Ban Act of 2003 does not include an exception for situations that endanger the health of the woman. After hearing testimony during the 104th, 105th, 107th and 108th Congresses, Congress found that the procedure “poses serious risks to the health” of the patient; that no credible medical evidence existed that the procedure was safe or was safer than other procedures; and that a “prominent medical association” concluded the procedure is not accepted medical practice, but is “ethically wrong.” Pub. Although states may regulate abortion after the fetus has reached viability, they may only do so if their regulations provide an exception for procedures that are necessary to preserve the life or health of the mother. Stenberg v. Carhart, 530 U.S. 914 (2000). Thus, the Court’s decision will not only impact the future of abortion regulation, but also resolve the conflict between Congress and the courts.Written by: In 1973, the Supreme Court held that the Due Process Clause of the Fourteenth Amendment protects a woman’s right to terminate a pregnancy.
Two types of D&E procedures exist—intact and non-intact. Alberto Gonzales, the US Attorney General, appealed to the US Supreme Court, which consolidated both cases into Gonzales v. Carhart. Some medical groups expressed concern that the Court, in supporting the Partial-Birth Abortion Ban Act, endorsed the substitution of congressional legislation for medical judgment. Americans United for Life advances the human right to life in culture, law, and policy.

The Supreme Court's decision upheld Congress's ban and held that it did not impose an undue burden on the due process right of women to obtain an abortion, "under precedents we here assume to be controlling,"[2] such as the Court's prior decisions in Roe v. Wade and Planned Parenthood v. Casey. Rather than confronting legitimate concerns, they choose to blatantly ignore the growing evidence that abortion hurts women. Same ol’ stuff? Gonzales v. Carhart, 550 U.S. 124 (2007), was a landmark decision of the US Supreme Court that upheld the Partial-Birth Abortion Ban Act of 2003. Given congressional findings that the techniques comprising partial-birth abortion would never be necessary to preserve the mother’s health, does the lack of such a health exception or any other facial flaw in the Partial-Birth Abortion Ban Act of 2003 render the ban unconstitutional? Id. at 1167–68. The immediate reaction of activists, state legislators, and the public confirmed this critical shift. In response, Planned Parenthood argues that Supreme Court precedent expresses more than one level of deference for reviewing congressional findings. The congressional findings in preparation for the Ban include the statement that in the “very informed judgment of the Congress . at 165. See Brief of Planned Parenthood Respondents at 33. Further, the government argues that the Court should defer to Congress’s assessment that the Ban does not create significant health risks for women and thus does not require a health exception. A group of physicians who performed second-trimester abortions, led by LeRoy Carhart, challenged the law in the US District Court in Nebraska in 2003's Carhart v. Ashcroft, while the organization Planned Parenthood Federation of America did so in the US District Court in the Northern District of California in 2004's Planned Parenthood Federation of America v. Ashcroft. The …


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