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Constitutional Law Keyed to Stone
Stenberg v. Carhart
Facts
A Nebraska law provided that no partial birth abortion shall be performed in the state, unless such procedure is necessary to save the life of the mother. The statute defined a partial birth abortion as a procedure in which a person “partially delivers vaginally a living unborn child before killing the unborn child and completing the delivery.” It further defines the procedure as intentionally delivering into the vagina a living unborn child, or a substantial portion thereof, for the purpose of performing a procedure that will result in the death of the unborn child. There were two common ways of performing a partial birth abortion: (1) the Dilation and Evacuation Method (D&E), which entails terminating the life of the fetus while the fetus remains in the body; and (2) the Dilation and Extraction Method (D&X), requiring the doctor to initiate a woman’s natural delivery process and to terminate the fetus’ life after its arms and legs have been brought outside of a woman’s body. The D&E is regarded, generally, as the safer method. The State asserted that its intention was to ban just the D&X. The constitutionality of the Nebraska law was brought into question.
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