"Partial-Birth" Abortion and the 2006 Term of the U.S. Supreme Court

Publication Date: January 2007

Publisher: Library of Congress. Congressional Research Service

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Research Area: Law and ethics

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Abstract:

The Partial-Birth Abortion Ban Act ("PBABA" or "the act") was signed into law on November 5, 2003. Within two days of its enactment, the PBABA was enjoined by federal district courts in Nebraska, California, and New York. Since that time, the U.S. Courts of Appeals for the Second, Eighth, and Ninth Circuits have affirmed lower court decisions that have found the act unconstitutional. This report examines Gonzales v. Carhart and Gonzales v. Planned Parenthood, the partial-birth abortion decisions from the Eighth and Ninth Circuits. In spring 2006, the U.S. Supreme Court agreed to review the two decisions. This report provides background information on the PBABA and explores the arguments put forth by the parties.