Effects of The Decision
By a 5-4 majority, the Nebraska law was struck down, as were all other state laws banning partial-birth abortion. In 2003, however, the federal government enacted a Partial-Birth Abortion Ban Act. This law did not include an exception for the health of the woman, as Justice O'Connor said it must. Congress inserted findings into the law saying that the procedure is never needed to protect maternal health. Although several federal judges struck down this federal law, citing the precedent of Stenberg v. Carhart, it was eventually upheld by the Supreme Court in Gonzales v. Carhart.
The Supreme Court case of Gonzales v. Carhart concerns similar questions as those in Stenberg, but this time in the context of a federal statute. The decision in Gonzales v. Carhart has narrowed the holding in this case.
Read more about this topic: Stenberg V. Carhart
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