Stenberg V. Carhart - The U.S. Supreme Court Ruling

The U.S. Supreme Court Ruling

The case was argued in 2000, and several issues were brought up during the oral arguments. The first was the lack of an exception for the woman's health. The state of Nebraska took the position that D&X abortions were never medically necessary, meaning that an exception was not needed. Secondly, it was inquired on whether or not the law could be construed to apply to other forms of abortion, in which case it would violate the "right to privacy" interpreted from the Constitution, as described in the Roe and Casey decisions. The law had never been certified to the Supreme Court of Nebraska, as it had been challenged two days after the law was passed.