Questions presented
SCOTUS records, cert granted 19 Jun 2006
The Partial-Birth Abortion Ban Act of 2003 (the Act), Pub. L. No. 108-105, 117 Stat. 1201 (to be codified at 18 U.S.C. 1531), prohibits a physician from knowingly performing a "partial-birth abortion" (as defined in the statute) in or affecting interstate commerce. § 3, 117 Stat. 1206-1207. The Act contains an exception for cases in which the abortion is necessary to preserve the life of the mother, but no corresponding exception for the health of the mother. Congress, however, made extensive factual findings, including a finding that "partial-birth abortion is never medically indicated to preserve the health of the mother." § 2(14)(0), 117 Stat. 1206. The question presented is as follows: Whether, notwithstanding Congress's determination that a health exception was unnecessary to preserve the health of the mother, the Partial-Birth Abortion Ban Act of 2003 is invalid because it lacks a health exception or is otherwise unconstitutional on its face.
Opinion summary
Etalia.ai summary of the majority opinion
The case involved a challenge to the Partial-Birth Abortion Ban Act of 2003, which prohibited a specific abortion procedure known as intact dilation and extraction. Planned Parenthood Federation of America argued that the law was unconstitutional because it lacked an exception for preserving the health of the mother, potentially placing women at risk. The Supreme Court ultimately upheld the ban in Gonzales v. Carhart (a related decision), ruling that Congress had acted within its rights to regulate medical procedures and protect fetal life, provided there were alternative methods available for late-term abortions that safeguarded women's health.
Opinion written by Justice Kennedy
Decided 18 Apr 2007 · Official report