Stenberg v. Carhart

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Stenberg v. Carhart
Supreme Court of the United States
Argued April 25, 2000 Decided June 29, 2000
Full case name	Don Stenberg, Attorney General of Nebraska, et al. v. LeRoy Carhart
Docket no.	99-830
Citations	530 U.S. 914 (more) 120 S. Ct. 2597; 147 L. Ed. 2d 743; 2000 U.S. LEXIS 4484;68 U.S.L.W. 4702; 2000 Cal. Daily Op. Service 5252; 2000 Daily Journal DAR 6977; 2000 Colo. J. C.A.R. 3802; 13 Fla. L. Weekly Fed. S 496
Case history
Prior	Judgment for plaintiff, 11 F. Supp. 2d 1099 (D. Neb. 1998); affirmed, 192 F.3d 1142 (8th Cir. 1999); cert. granted, 528 U.S. 1110 (2000).
Holding
Laws banning partial-birth abortion are unconstitutional if they do not make an exception for the woman's health, or if they cannot be reasonably construed to apply only to the partial-birth abortion (intact D&X) procedure and not to other abortion methods.
Court membership
Chief Justice William Rehnquist Associate Justices John P. Stevens · Sandra Day O'Connor Antonin Scalia · Anthony Kennedy David Souter · Clarence Thomas Ruth Bader Ginsburg · Stephen Breyer
Case opinions
Majority	Breyer, joined by Stevens, O'Connor, Souter, Ginsburg
Concurrence	Stevens, joined by Ginsburg
Concurrence	O'Connor
Concurrence	Ginsburg, joined by Stevens
Dissent	Rehnquist
Dissent	Scalia
Dissent	Kennedy, joined by Rehnquist
Dissent	Thomas, joined by Rehnquist, Scalia
Laws applied
U.S. Const. amend. XIV; Neb. Rev. Stat. Ann. §28—328
Superseded by
Dobbs v. Jackson Women's Health Organization (2022)

Stenberg v. Carhart, 530 U.S. 914 (2000), was a landmark decision of the US Supreme Court dealing with a Nebraska law which made performing "partial-birth abortion" illegal, without regard for the health of the mother.^[1] Nebraska physicians who performed the procedure contrary to the law were subject to having their medical licenses revoked. The Court struck down the law, finding the Nebraska statute criminalizing "partial birth abortion[s]" violated the Due Process Clause of the United States Constitution, as interpreted in Planned Parenthood v. Casey and Roe v. Wade.

The Court would later uphold a similar, albeit federal statute, in Gonzales v. Carhart (2007).