Reasoning of the Court

This case didn’t just start in the Supreme Court. Cases have to be tried at other levels and then appealed in order to make it to the Supreme Court. This case was very intriguing. This case was challenging the Constitution.

According to Law Professor Richard Garrett at Notre Dame Law School;

“For as long as Americans have known about partial-birth abortion,” Garnett said, “they have--by comfortable and consistent margins--agreed with the late Sen. Daniel Patrick Moynihan that it is ‘infanticide,’ and that ‘one would be too many.’ Nothing in our constitutional text, history, tradition, or structure supports, let alone compels, the conclusion that the American people may not affirm our commitment to decency and human dignity by rejecting partial-birth abortion.”

(http://www.nd.edu/~lumen/2006_11/Lawprofessorarguesforbanonpartialbirthabortion.shtml)

This case started in Nebraska in 1997 as Gonzales vs. Carhart. Dr. brought this suit against the State for ban on Partial-Birth Abortions. That case resulted in the 2000 Supreme Court decision, Stenberg v. Carhart, striking down Nebraska's law. Since then, this case has stirred several State suits across the Country, declaring this ban unconstitutional.

(Taken from the priestforlife website)

This appeal reaches this Court with a factual record compiled after a lengthy trial including testimony from numerous highly-credentialed and respected medical experts with expertise in second-trimester surgical abortions, and a District Court ruling containing detailed findings of fact that are overwhelmingly supported by the evidence.

(http://www.priestsforlife.org/pba/05-1382respondent.pdf)

It is constantly argued that the ruling is vague, and that it should expand to a woman’s health, whereas the Court argued that Partial-Birth Abortions has no bearing on the health of the mother. Other options are given, therefore Partial-birth is never medically necessary. Abortionist, however, disagree with the court’s decision, and constantly find ways to protest.