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Constitutional Law Keyed to Shanor
Gonzales v. Carhart
Citation:550 U.S. 124 (2007)
The Partial-Birth Abortion Ban Act of 2003 regulates abortion procedures. In 2003, after this Court’s decision in Stenberg, Congress passed the Act at issue here. The Act punishes knowingly performing a partial-birth abortion. First, the person performing the abortion must vaginally deliver a living fetus. The Act does not restrict an abortion procedure involving the delivery of an expired fetus. The Act is inapplicable to abortions that do not involve vaginal delivery. The Act does apply both previability and postviability because a fetus is a living organism while within the womb. The Act also requires that a doctor must perform an overt act, other than completion of delivery, that kills the partially delivered living status.
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