Gonzales v. Carhart

E649381

Gonzales v. Carhart is a 2007 U.S. Supreme Court decision that upheld the federal Partial-Birth Abortion Ban Act, marking a significant shift in abortion jurisprudence by allowing broader government regulation of certain abortion procedures.

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Statements (47)

Predicate Object
instanceOf United States Supreme Court case
abortion case
federal constitutional law case
appliesConstitutionalProvision Fourteenth Amendment Due Process Clause
linked to: Due Process Clause
challengesStatute Partial-Birth Abortion Ban Act of 2003
characterizedAs significant shift in U.S. abortion jurisprudence toward greater government regulation
concernsMedicalProcedure intact dilation and extraction (intact D&E)
so-called partial-birth abortion
hasCitation 550 U.S. 124
hasCountry United States
hasCourt Supreme Court of the United States
hasDecisionDate 2007-04-18
hasDissentingJustices David H. Souter
John Paul Stevens
Ruth Bader Ginsburg
Stephen G. Breyer
hasDissentOpinionBy Ruth Bader Ginsburg
hasDocketNumber 05-380
hasHolding Congress may ban a specific abortion method when other safe alternatives remain available
Partial-Birth Abortion Ban Act of 2003 is constitutional on its face
facial challenge fails because respondents did not show that the Act would be unconstitutional in a large fraction of relevant cases
federal ban on intact dilation and extraction does not impose an undue burden on a woman’s right to obtain an abortion
hasImpact encouraged additional state and federal abortion regulations
narrowed scope of protections for abortion procedures compared to prior precedent
hasLegalIssue constitutionality of federal ban on intact dilation and extraction abortion procedure
facial challenge to abortion regulation
scope of undue burden standard under Planned Parenthood v. Casey
hasMajorityJustices Anthony M. Kennedy
Antonin Scalia
Clarence Thomas
John G. Roberts Jr.
Samuel A. Alito Jr.
hasMajorityOpinionBy Anthony M. Kennedy
hasPetitioner Alberto R. Gonzales, Attorney General of the United States
linked to: Alberto Gonzales
hasRespondent LeRoy Carhart
other physicians performing abortions
holdsRegardingHealthException Congress may omit a health exception if there is medical uncertainty and other safe procedures are available
interpretsPrecedent Planned Parenthood v. Casey
Roe v. Wade
Stenberg v. Carhart
isFollowedBy subsequent abortion regulation cases in lower federal courts
overrulesInEffect Stenberg v. Carhart (in part, regarding similar state ban)
linked to: Stenberg v. Carhart
relatesToRight right to abortion
standardApplied undue burden standard
typeOfChallenge facial challenge to federal statute
upholdsStatute Partial-Birth Abortion Ban Act of 2003
yearDecided 2007

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Referenced by (8)

Full triples — surface form annotated when it differs from this entity's canonical label.

Stenberg v. Carhart laterLimitedBy Gonzales v. Carhart
PBA Ban litigation Gonzales v. Carhart
PBA Ban litigation Gonzales v. Planned Parenthood Federation of America
linked to: Gonzales v. Carhart
PBA Ban upheldInCase Gonzales v. Carhart
partial-birth abortion isSubjectOf United States Supreme Court case Gonzales v. Carhart
linked to: Gonzales v. Carhart
Roberts Court landmarkCase Gonzales v. Carhart
Leroy Carhart participantIn Gonzales v. Carhart
subject linked to: Dr. Leroy Carhart
Leroy Carhart legalCase Gonzales v. Carhart, 550 U.S. 124 (2007)
subject linked to: Dr. Leroy Carhart
linked to: Gonzales v. Carhart