stenberg
attorney
general
nebraska
et
al
carhart
argued
april
decided
june
constitution
offers
basic
protection
woman
right
choose
whether
abortion
roe
wade
planned
parenthood
southeastern
casey
fetal
viability
woman
right
terminate
pregnancy
joint
opinion
state
law
unconstitutional
imposes
woman
decision
undue
burden
purpose
effect
placing
substantial
obstacle
woman
path
postviability
state
promoting
interest
potentiality
human
life
may
regulate
even
proscribe
abortion
except
necessary
appropriate
medical
judgment
preservation
mother
life
health
nebraska
law
issue
prohibits
partial
birth
abortion
unless
procedure
necessary
save
mother
life
defines
partial
birth
abortion
procedure
doctor
partially
delivers
vaginally
living
unborn
child
killing
child
defines
latter
phrase
mean
intentionally
delivering
vagina
living
unborn
child
substantial
portion
thereof
purpose
performing
procedure
abortionist
knows
kill
child
kill
child
violation
law
felony
provides
automatic
revocation
convicted
doctor
state
license
practice
medicine
respondent
carhart
nebraska
physician
performs
abortions
clinical
setting
brought
suit
seeking
declaration
statute
violates
federal
constitution
district
held
statute
unconstitutional
eighth
circuit
affirmed
held
nebraska
statute
criminalizing
performance
partial
birth
abortion
violates
federal
constitution
interpreted
casey
roe
pp
statute
seeks
ban
one
abortion
method
discusses
several
different
abortion
procedures
described
evidence
medical
literature
pregnancy
second
trimester
weeks
common
abortion
procedure
dilation
evacuation
involves
dilation
cervix
removal
least
fetal
tissue
using
nonvacuum
surgical
instruments
week
potential
need
instrumental
dismemberment
fetus
collapse
fetal
parts
facilitate
evacuation
uterus
dismemberment
necessary
typically
occurs
doctor
pulls
portion
fetus
cervix
birth
canal
risks
mortality
complication
accompany
significantly
lower
accompanying
induced
labor
procedures
next
safest
procedures
variation
known
intact
used
weeks
involves
removing
fetus
uterus
cervix
intact
one
pass
rather
several
passes
intact
proceeds
one
two
ways
depending
whether
fetus
presents
head
first
feet
first
method
known
dilation
extraction
ordinarily
associated
term
partial
birth
abortion
district
concluded
clear
convincing
evidence
established
carhart
procedure
superior
safer
abortion
procedures
used
relevant
gestational
period
cases
year
present
carhart
moreover
materials
presented
trial
emphasize
potential
benefits
procedure
certain
cases
pp
nebraska
statute
lacks
requisite
exception
preservation
health
mother
casey
supra
joint
opinion
state
may
promote
endanger
woman
health
regulates
methods
abortion
pp
rejects
nebraska
contention
need
health
exception
safe
alternatives
remain
available
ban
create
risk
women
health
parties
strongly
contested
factual
question
district
findings
evidence
support
carhart
pp
ii
nebraska
supporting
amici
respond
eight
arguments
district
findings
irrelevant
wrong
applicable
tiny
number
instances
pp
iii
eight
arguments
insufficient
demonstrate
nebraska
law
needs
health
exception
one
thing
certain
arguments
beside
point
procedure
relative
rarity
argument
highly
relevant
state
prohibit
person
obtaining
treatment
simply
pointing
people
need
fact
handful
doctors
use
procedure
argument
may
reflect
comparative
rarity
late
second
term
abortions
procedure
recent
development
controversy
surrounding
nebraska
suggests
procedure
lack
utility
another
thing
record
responds
nebraska
amici
medically
based
arguments
argument
district
agreed
alternatives
induced
labor
safe
found
method
safer
circumstances
used
carhart
argument
testimony
showed
statutory
ban
increase
woman
risk
several
rare
abortion
complications
district
simply
relied
different
expert
testimony
state
argument
assertion
amici
association
american
physicians
surgeons
et
al
elements
procedure
may
create
special
risks
disputed
carhart
amici
including
american
college
obstetricians
gynecologists
acog
claims
suggested
alternative
procedures
involve
similar
greater
risks
cervical
uterine
injury
nebraska
argument
right
general
medical
studies
documenting
comparative
safety
various
abortion
procedures
deny
import
american
medical
association
ama
recommendation
argument
intact
used
unless
alternative
procedures
pose
materially
greater
risk
woman
however
read
acog
qualification
identify
circumstance
option
according
nebraska
argument
denied
potential
need
acog
also
asserted
appropriate
abortion
procedure
presents
variety
potential
safety
advantages
pp
iv
upshot
district
finding
obviates
health
risks
certain
circumstances
highly
plausible
explanation
might
division
medical
opinion
whether
generally
safer
absence
controlled
medical
studies
help
answer
medical
questions
given
circumstances
believes
law
requires
health
exception
one
thing
word
necessary
casey
phrase
necessary
appropriate
medical
judgment
health
mother
refer
absolute
proof
require
unanimity
medical
opinion
doctors
often
differ
estimation
comparative
health
risks
appropriate
treatment
casey
words
appropriate
medical
judgment
must
embody
judicial
need
tolerate
responsible
differences
medical
opinion
another
thing
division
medical
opinion
signals
uncertainty
believe
safer
abortion
method
certain
circumstances
turn
right
absence
health
exception
place
women
unnecessary
risk
wrong
exception
simply
turn
unnecessary
pp
nebraska
statute
imposes
undue
burden
woman
ability
choose
abortion
see
casey
supra
joint
opinion
pp
nebraska
deny
statute
imposes
undue
burden
applies
commonly
used
procedure
well
agrees
eighth
circuit
procedure
falls
within
statutory
prohibition
intentionally
delivering
vagina
living
fetus
substantial
portion
thereof
purpose
performing
procedure
perpetrator
knows
kill
fetus
evidence
makes
clear
often
involve
physician
pulling
arm
leg
substantial
portion
still
living
fetus
vagina
prior
fetus
death
statutory
terms
distinguish
statute
language
track
medical
differences
covers
using
law
statutory
terms
impossible
distinguish
foot
arm
drawn
cervix
body
head
drawn
cervix
procedures
involve
introduction
substantial
portion
still
living
fetus
cervix
vagina
feature
abortion
leads
characterizing
procedure
involving
partial
birth
pp
ii
rejects
nebraska
attorney
general
arguments
state
law
differentiate
two
procedures
words
substantial
portion
mean
child
head
law
inapplicable
physician
introduces
birth
canal
anything
less
entire
fetal
body
must
defer
views
case
law
makes
clear
attorney
general
narrowing
interpretation
given
controlling
weight
one
thing
normally
follows
lower
interpretations
state
law
mcmillian
monroe
county
rarely
reviews
interpretation
agreed
upon
two
lower
federal
courts
virginia
american
booksellers
two
lower
courts
rejected
attorney
general
narrowing
interpretation
another
precedent
warns
accepting
authoritative
attorney
general
interpretation
state
law
interpretation
bind
state
courts
local
law
enforcement
nebraska
elected
county
attorneys
independent
authority
initiate
criminal
prosecutions
present
prosecutors
future
attorneys
general
might
use
law
issue
pursue
physicians
use
procedures
said
lower
courts
used
wrong
legal
standard
assessing
attorney
general
interpretation
eighth
circuit
recognized
duty
give
law
construction
avoid
constitutional
doubt
nonetheless
concluded
attorney
general
interpretation
twist
law
words
giving
meaning
reasonably
bear
eighth
circuit
far
alone
rejecting
narrowing
interpretation
since
federal
courts
interpreted
merits
model
statutory
language
nebraska
law
based
found
language
potentially
applicable
abortion
procedures
regardless
grant
attorney
general
views
substantial
weight
still
reject
interpretation
conflicts
statutory
language
statutory
words
substantial
portion
indicate
statute
include
attorney
general
restriction
child
head
nebraska
legislature
debates
hurt
attorney
general
argument
help
indicating
small
portion
fetus
foot
constitute
substantial
portion
even
assuming
distinction
attorney
general
seeks
draw
overall
abortion
procedure
separate
procedure
used
kill
unborn
child
help
make
distinction
seeks
language
statute
supports
although
adopting
interpretation
might
avoid
constitutional
problem
discussed
lacks
power
narrowing
construction
reasonable
readily
apparent
boos
barry
finally
never
held
federal
litigant
must
await
construction
development
established
practice
bringing
federal
suit
city
lakewood
plain
dealer
publishing
authoritative
construction
lacking
attorney
general
neither
sought
narrowing
interpretation
nebraska
asked
federal
courts
certify
interpretive
question
cf
arizonans
official
english
arizona
even
inclined
certify
question
certification
appropriate
statute
fairly
susceptible
narrowing
construction
see
houston
hill
case
moreover
nebraska
grants
certification
certified
question
determinative
cause
see
sum
perform
abortion
procedures
using
method
must
fear
prosecution
conviction
imprisonment
nebraska
law
imposes
undue
burden
upon
woman
right
make
abortion
decision
pp
affirmed
breyer
delivered
opinion
stevens
souter
ginsburg
joined
stevens
filed
concurring
opinion
ginsburg
joined
filed
concurring
opinion
ginsburg
filed
concurring
opinion
stevens
joined
rehnquist
scalia
filed
dissenting
opinions
kennedy
filed
dissenting
opinion
rehnquist
joined
thomas
filed
dissenting
opinion
rehnquist
scalia
joined
stenberg
attorney
general
nebraska
et
petitioners
leroy
carhart
writ
certiorari
appeals
eighth
circuit
june
justice
breyer
delivered
opinion
consider
right
abortion
understand
controversial
nature
problem
millions
americans
believe
life
begins
conception
consequently
abortion
akin
causing
death
innocent
child
recoil
thought
law
permit
millions
fear
law
forbids
abortion
condemn
many
american
women
lives
lack
dignity
depriving
equal
liberty
leading
least
resources
undergo
illegal
abortions
attendant
risks
death
suffering
taking
account
virtually
irreconcilable
points
view
aware
constitutional
law
must
govern
society
whose
different
members
sincerely
hold
directly
opposing
views
considering
matter
light
constitution
guarantees
fundamental
individual
liberty
course
generation
determined
redetermined
constitution
offers
basic
protection
woman
right
choose
roe
wade
planned
parenthood
southeastern
casey
shall
revisit
legal
principles
rather
apply
circumstances
case
three
established
principles
determine
issue
us
shall
set
forth
language
joint
opinion
casey
first
viability
woman
right
choose
terminate
pregnancy
joint
opinion
kennedy
souter
second
law
designed
state
interest
fetal
life
imposes
undue
burden
woman
decision
fetal
viability
unconstitutional
undue
burden
shorthand
conclusion
state
regulation
purpose
effect
placing
substantial
obstacle
path
woman
seeking
abortion
nonviable
fetus
ibid
third
subsequent
viability
state
promoting
interest
potentiality
human
life
may
chooses
regulate
even
proscribe
abortion
except
necessary
appropriate
medical
judgment
preservation
life
health
mother
quoting
roe
wade
supra
apply
principles
nebraska
law
banning
partial
birth
abortion
statute
reads
follows
partial
birth
abortion
shall
performed
state
unless
procedure
necessary
save
life
mother
whose
life
endangered
physical
disorder
physical
illness
physical
injury
including
physical
condition
caused
arising
pregnancy
neb
rev
stat
ann
supp
statute
defines
partial
birth
abortion
abortion
procedure
person
performing
abortion
partially
delivers
vaginally
living
unborn
child
killing
unborn
child
completing
delivery
defines
partially
delivers
vaginally
living
unborn
child
killing
unborn
child
mean
deliberately
intentionally
delivering
vagina
living
unborn
child
substantial
portion
thereof
purpose
performing
procedure
person
performing
procedure
knows
kill
unborn
child
kill
unborn
child
ibid
law
classifies
violation
statute
class
iii
felony
carrying
prison
term
years
fine
also
provides
automatic
revocation
doctor
license
practice
medicine
nebraska
hold
statute
violates
constitution
leroy
carhart
nebraska
physician
performs
abortions
clinical
setting
brought
lawsuit
federal
district
seeking
declaration
nebraska
statute
violates
federal
constitution
asking
injunction
forbidding
enforcement
trial
merits
sides
presented
several
expert
witnesses
district
held
statute
unconstitutional
supp
neb
appeal
eighth
circuit
affirmed
cf
hope
clinic
ryan
en
banc
considering
similar
statute
reaching
different
legal
conclusion
granted
certiorari
consider
matter
nebraska
law
seeks
ban
one
method
aborting
pregnancy
must
describe
discuss
several
different
abortion
procedures
considering
fact
procedures
seek
terminate
potential
human
life
discussion
may
seem
clinically
cold
callous
perhaps
horrifying
others
alternative
way
however
acquaint
reader
technical
distinctions
among
different
abortion
methods
related
factual
matters
upon
outcome
case
depends
reason
drawing
upon
findings
trial
underlying
testimony
related
medical
texts
shall
describe
relevant
methods
performing
abortions
technical
detail
evidence
trial
supported
supplemented
literature
indicates
following
abortions
performed
take
place
first
trimester
pregnancy
weeks
gestational
age
centers
disease
control
prevention
abortion
surveillance
july
hereinafter
abortion
surveillance
first
trimester
predominant
abortion
method
vacuum
aspiration
involves
insertion
vacuum
tube
cannula
uterus
evacuate
contents
abortion
typically
performed
outpatient
basis
local
anesthesia
supp
obstetrics
normal
problem
pregnancies
gabbe
niebyl
simpson
eds
ed
vacuum
aspiration
considered
particularly
safe
procedure
mortality
rates
first
trimester
abortion
example
times
lower
associated
carrying
fetus
term
complication
rates
also
low
lawson
et
abortion
mortality
obstet
gynecol
paul
et
clinicians
guide
medical
surgical
abortion
hereinafter
medical
surgical
abortion
fetus
grows
size
however
vacuum
aspiration
method
becomes
increasingly
difficult
use
supp
obstetrics
normal
problem
pregnancies
supra
approximately
abortions
performed
second
trimester
pregnancy
weeks
abortion
surveillance
early
inducing
labor
injection
saline
uterus
predominant
method
second
trimester
abortion
planned
parenthood
central
mo
danforth
today
however
medical
profession
switched
medical
induction
labor
surgical
procedures
second
trimester
abortions
commonly
used
procedure
called
dilation
evacuation
procedure
together
modified
form
vacuum
aspiration
used
early
second
trimester
accounts
abortions
performed
weeks
gestational
age
abortion
surveillance
refers
generically
transcervical
procedures
performed
weeks
gestation
later
american
medical
association
report
board
trustees
abortion
app
hereinafter
ama
report
ama
report
adopted
district
describes
process
follows
weeks
gestation
ampe
similar
vacuum
aspiration
except
cervix
must
dilated
widely
surgical
instruments
used
remove
larger
pieces
tissue
osmotic
dilators
usually
used
intravenous
fluids
analgesic
sedative
may
administered
local
anesthetic
paracervical
block
may
administered
dilating
agents
used
removed
instruments
inserted
cervix
uterus
removal
fetal
placental
tissue
fetal
tissue
friable
easily
broken
fetus
may
removed
intact
walls
uterus
scraped
curette
ensure
tissue
remains
weeks
fetus
larger
stage
gestation
particularly
head
bones
rigid
dismemberment
destructive
procedures
likely
required
earlier
gestational
ages
remove
fetal
placental
tissue
weeks
physicians
use
intrafetal
potassium
chloride
digoxin
induce
fetal
demise
prior
late
weeks
facilitate
evacuation
variations
operative
strategy
compare
ibid
hern
abortion
practice
medical
surgical
abortion
however
common
points
involves
dilation
cervix
removal
least
fetal
tissue
using
nonvacuum
instruments
week
potential
need
instrumental
disarticulation
dismemberment
fetus
collapse
fetal
parts
facilitate
evacuation
uterus
instrumental
disarticulation
incident
necessary
typically
occurs
doctor
pulls
portion
fetus
cervix
birth
canal
carhart
testified
trial
follows
carhart
dismemberment
occurs
traction
instrument
internal
os
cervix
counsel
dismemberment
occurs
pulled
part
fetus
cervix
correct
carhart
exactly
using
cervix
two
strictures
two
rings
internal
os
external
os
actually
dismembering
counsel
talked
talked
intention
intact
situation
dismember
fetus
utero
first
remove
portions
carhart
think
know
way
one
go
intentionally
dismember
fetus
uterus
takes
something
restricts
motion
fetus
going
get
dismemberment
supp
carhart
specification
location
fetal
disarticulation
consistent
sources
see
medical
surgical
abortion
app
nos
testimony
phillip
stubblefield
actually
dismember
fetus
utero
take
pieces
procedure
carries
certain
risks
use
instruments
within
uterus
creates
danger
accidental
perforation
damage
neighboring
organs
sharp
fetal
bone
fragments
create
similar
dangers
fetal
tissue
accidentally
left
behind
cause
infection
various
complications
see
supp
gynecologic
obstetric
related
surgery
nichols
eds
ed
cunningham
et
williams
obstetrics
ed
nonetheless
studies
show
risks
mortality
complication
accompany
procedure
weeks
gestation
significantly
lower
accompanying
induced
labor
procedures
next
safest
midsecond
trimester
procedures
see
gynecologic
obstetric
related
surgery
supra
ama
report
app
medical
surgical
abortion
lawson
obstet
trial
carhart
stubblefield
described
variation
procedure
referred
intact
see
supp
like
versions
technique
begins
induced
dilation
cervix
procedure
involves
removing
fetus
uterus
cervix
intact
one
pass
rather
several
passes
ibid
used
weeks
earliest
vacuum
aspiration
becomes
ineffective
fetal
skull
becomes
large
pass
cervix
intact
proceeds
one
two
ways
depending
presentation
fetus
fetus
presents
head
first
vertex
presentation
doctor
collapses
skull
doctor
extracts
entire
fetus
cervix
fetus
presents
feet
first
breech
presentation
doctor
pulls
fetal
body
cervix
collapses
skull
extracts
fetus
cervix
ibid
breech
extraction
version
intact
also
known
commonly
dilation
extraction
late
second
trimester
vertex
breech
sideways
presentations
occur
roughly
similar
proportions
medical
surgical
abortion
supp
intact
procedure
also
found
described
certain
obstetric
abortion
clinical
textbooks
two
variations
recognized
first
described
calls
physician
adapt
method
extracting
intact
fetus
depending
fetal
presentation
see
gynecologic
obstetric
related
surgery
supra
medical
surgical
abortion
method
used
carhart
see
supp
slightly
different
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rec
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college
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college
obstetricians
gynecologists
executive
board
statement
intact
dilation
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despite
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supp
district
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carhart
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relevant
gestational
period
cases
year
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dr
carhart
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presented
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supp
quoting
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report
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intact
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physicians
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late
abortions
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diameter
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cervix
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emphasized
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prior
uterine
scars
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induction
labor
particularly
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women
medical
professional
voinovich
supp
sd
ohio
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kelley
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reliable
data
number
abortions
performed
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per
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henshaw
abortion
incidence
services
family
planning
perspectives
joint
hearing
senate
committee
judiciary
subcommittee
constitution
house
committee
judiciary
ii
question
us
whether
nebraska
statute
making
criminal
performance
partial
birth
abortion
violates
federal
constitution
interpreted
planned
parenthood
southeastern
casey
roe
wade
conclude
least
two
independent
reasons
first
law
lacks
exception
preservation
health
mother
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joint
opinion
kennedy
souter
second
imposes
undue
burden
woman
ability
choose
abortion
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burdening
right
choose
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shall
discuss
reasons
turn
casey
joint
opinion
reiterated
held
roe
subsequent
viability
state
promoting
interest
potentiality
human
life
may
chooses
regulate
even
proscribe
abortion
except
necessary
appropriate
medical
judgment
preservation
life
health
mother
quoting
roe
supra
emphasis
added
fact
nebraska
law
applies
postviability
aggravates
constitutional
problem
presented
state
interest
regulating
abortion
previability
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weaker
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see
casey
supra
since
law
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health
exception
order
validate
even
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abortion
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casey
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majority
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assuming
need
health
exception
previability
see
also
harris
mcrae
quoted
standard
also
depends
state
regulations
promoting
state
interest
potentiality
human
life
nebraska
law
course
directly
interest
potentiality
human
life
saving
fetus
question
destruction
regulates
method
performing
abortion
nebraska
describes
interests
differently
says
law
show
concern
life
unborn
prevent
cruelty
partially
born
children
preserve
integrity
medical
profession
brief
petitioners
see
differences
make
difference
question
hand
namely
application
health
requirement
consequently
governing
standard
requires
exception
necessary
appropriate
medical
judgment
preservation
life
health
mother
casey
supra
made
clear
state
may
promote
endanger
woman
health
regulates
methods
abortion
thornburgh
american
college
obstetricians
gynecologists
colautti
franklin
danforth
justice
thomas
says
cases
cited
limit
principle
situations
pregnancy
creates
threat
health
see
post
wrong
cited
cases
reaffirmed
casey
recognize
state
subject
women
health
significant
risks
context
also
state
regulations
force
women
use
riskier
methods
abortion
cases
repeatedly
invalidated
statutes
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regulating
methods
abortion
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significant
health
risks
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risk
women
health
whether
happens
arise
regulating
particular
method
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barring
abortion
entirely
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go
beyond
cases
ratified
casey
nebraska
responds
law
require
health
exception
unless
need
exception
need
says
argues
safe
alternatives
remain
available
ban
create
risk
health
women
brief
petitioners
problem
nebraska
parties
strongly
contested
factual
question
trial
findings
evidence
support
carhart
state
fails
demonstrate
banning
without
health
exception
may
create
significant
health
risks
women
record
shows
significant
medical
authority
supports
proposition
circumstances
safest
procedure
shall
reiterate
summary
form
relevant
findings
evidence
basis
medical
testimony
district
concluded
carhart
procedure
safer
tha
abortion
procedures
used
relevant
gestational
period
cases
year
present
dr
carhart
supp
found
procedure
permits
fetus
pass
cervix
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instrumentation
ibid
thereby
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operating
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loss
risk
infection
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complications
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fragments
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damage
uterus
cervix
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common
causes
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mortality
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amniotic
fluid
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eliminates
possibility
horrible
complications
arising
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fetal
parts
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district
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noted
select
panel
american
college
obstetricians
gynecologists
concluded
may
best
appropriate
procedure
particular
circumstance
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life
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health
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quoting
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important
qualification
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trial
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conclusions
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island
medical
soc
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ri
choice
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causeway
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supp
ed
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richmond
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center
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gilmore
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clinic
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supp
nd
vacated
cert
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voinovich
supp
kelley
supp
see
planned
parenthood
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supp
wd
vacated
nebraska
along
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replies
findings
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number
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says
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handful
doctors
brief
petitioners
argues
labor
induction
times
safe
alternative
procedures
refers
testimony
petitioners
medical
expert
testified
ban
increase
woman
risk
several
rare
abortion
complications
disseminated
intravascular
coagulopathy
amniotic
fluid
embolus
app
association
american
physicians
surgeons
et
amici
supporting
nebraska
argue
elements
procedure
may
create
special
risks
including
cervical
incompetence
caused
overdilitation
injury
caused
conversion
fetal
presentation
dangers
arising
blind
use
instrumentation
pierce
fetal
skull
lodged
birth
canal
see
brief
association
american
physicians
surgeons
et
al
amici
curiae
see
also
sprang
neerhof
rationale
banning
abortions
late
pregnancy
jama
nebraska
emphasizes
medical
studies
establishing
safety
procedure
brief
petitioners
medical
studies
comparing
safety
abortion
procedures
ibid
points
american
medical
association
policy
statement
appear
identified
situation
intact
appropriate
procedure
induce
abortion
late
term
pregnancy
termination
techniques
ama
policy
points
american
college
obstetricians
gynecologists
qualified
statement
may
best
appropriate
procedure
adding
panel
identify
circumstances
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option
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life
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health
woman
app
find
eight
arguments
insufficient
demonstrate
nebraska
law
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health
exception
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thing
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arguments
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point
procedure
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rarity
argument
highly
relevant
infrequently
used
abortion
procedure
health
exception
question
whether
protecting
women
health
requires
exception
infrequent
occasions
rarely
used
treatment
might
necessary
treat
rarely
occurring
disease
strike
anyone
state
prohibit
person
obtaining
treatment
simply
pointing
people
need
know
whether
fact
handful
doctors
use
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argument
reflects
comparative
rarity
late
second
term
abortions
procedure
recent
development
gynecologic
obstetric
related
surgery
controversy
surrounding
nebraska
suggests
procedure
lack
utility
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thing
record
responds
nebraska
amici
medically
based
arguments
respect
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example
district
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alternatives
induced
labor
safe
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method
significantly
safer
certain
circumstances
supp
respect
argument
district
simply
relied
different
expert
testimony
testimony
stating
nother
advantage
intact
eliminates
risk
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cerebral
tissue
woman
blood
stream
quoting
hearing
senate
committee
judiciary
statement
hern
response
amici
argument
american
college
obstetricians
gynecologists
amici
brief
denies
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poses
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procedures
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risks
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uterine
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procedures
involve
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amounts
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course
childbirth
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even
greater
cervical
dilitation
brief
american
college
obstetricians
gynecologists
et
al
amici
curiae
college
points
carhart
reposition
fetus
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risks
stemming
conversion
breech
presentation
compared
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greater
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use
sharp
instruments
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cavity
quarrel
nebraska
argument
nebraska
right
general
medical
studies
documenting
comparative
safety
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deny
import
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medical
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statement
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even
though
state
omit
remainder
statement
ama
recommends
procedure
used
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alternative
procedures
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risk
woman
late
term
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termination
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ama
policy
emphasis
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however
read
american
college
obstetricians
gynecologists
panel
qualification
identify
circumstance
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according
nebraska
argument
denied
potential
need
college
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following
amici
brief
depending
physician
skill
experience
procedure
appropriate
abortion
procedure
women
circumstances
presents
variety
potential
safety
advantages
abortion
procedures
used
gestational
period
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involving
dismemberment
involves
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risk
uterine
perforation
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laceration
requires
physician
make
fewer
passes
uterus
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instruments
reduces
presence
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fetal
bone
fragments
injure
uterus
cervix
also
considerable
evidence
reduces
risk
retained
fetal
tissue
serious
abortion
complication
cause
maternal
death
reduces
incidence
free
floating
fetal
head
difficult
physician
grasp
remove
thus
cause
maternal
injury
procedures
usually
take
less
time
abortion
methods
used
comparable
stage
pregnancy
also
health
advantages
shorter
procedure
less
blood
loss
trauma
exposure
anesthesia
intuitive
safety
advantages
intact
supported
clinical
experience
especially
women
particular
health
conditions
medical
evidence
may
safer
available
alternatives
brief
american
college
obstetricians
gynecologists
et
al
amici
curiae
citation
footnotes
omitted
upshot
district
finding
significantly
obviates
health
risks
certain
circumstances
highly
plausible
explanation
might
division
opinion
among
medical
experts
whether
generally
safer
absence
controlled
medical
studies
help
answer
medical
questions
given
medically
related
evidentiary
circumstances
believe
law
requires
health
exception
word
necessary
casey
phrase
necessary
appropriate
medical
judgment
preservation
life
health
mother
internal
quotation
marks
omitted
refer
absolute
necessity
absolute
proof
medical
treatments
procedures
often
considered
appropriate
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light
estimated
comparative
health
risks
health
benefits
particular
cases
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phrase
require
unanimity
medical
opinion
doctors
often
differ
estimation
comparative
health
risks
appropriate
treatment
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words
appropriate
medical
judgment
must
embody
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need
tolerate
responsible
differences
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opinion
differences
sort
american
medical
association
american
college
obstetricians
gynecologists
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together
indicate
present
another
thing
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uncertainty
factor
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presence
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division
involves
highly
qualified
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significant
body
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opinion
believes
procedure
may
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medical
reasons
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view
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presence
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view
proves
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rather
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means
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believe
safer
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circumstances
may
turn
right
absence
health
exception
place
women
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risk
tragic
health
consequences
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exception
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turn
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sum
nebraska
convinced
us
health
exception
never
necessary
preserve
health
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reply
brief
petitioners
rather
statute
altogether
forbids
creates
significant
health
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consequently
must
contain
health
exception
say
justice
thomas
justice
kennedy
claim
state
prohibited
proscribing
abortion
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whenever
particular
physician
deems
procedure
preferable
means
must
state
grant
physicians
unfettered
discretion
selection
abortion
methods
post
kennedy
dissenting
substantial
medical
authority
supports
proposition
banning
particular
abortion
procedure
endanger
women
health
casey
requires
statute
include
health
exception
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necessary
appropriate
medical
judgment
preservation
life
health
mother
requiring
exception
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departure
casey
simply
straightforward
application
holding
eighth
circuit
found
nebraska
statute
unconstitutional
casey
words
effect
placing
substantial
obstacle
path
woman
seeking
abortion
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fetus
thereby
places
undue
burden
upon
woman
right
terminate
pregnancy
viability
ibid
nebraska
deny
statute
imposes
undue
burden
applies
commonly
used
procedure
well
agree
eighth
circuit
apply
earlier
discussion
procedure
supra
shows
falls
within
statutory
prohibition
statute
forbids
deliberately
intentionally
delivering
vagina
living
unborn
child
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portion
thereof
purpose
performing
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person
performing
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knows
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unborn
child
neb
rev
stat
ann
supp
understand
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physician
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language
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argument
law
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whether
legislature
wanted
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whether
law
intended
apply
plain
language
covers
procedures
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characterize
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partial
birth
nebraska
state
attorney
general
argues
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law
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enforcement
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attorney
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county
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parenthood
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general
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birth
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obstetric
textbooks
even
dictionaries
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use
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courts
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right
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statute
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judgment
appeals
affirmed
stenberg
attorney
general
nebraska
et
petitioners
leroy
carhart
writ
certiorari
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eighth
circuit
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justice
stevens
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ginsburg
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although
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ink
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today
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nature
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word
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amendment
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woman
right
make
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state
legitimate
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doctor
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one
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view
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stenberg
attorney
general
nebraska
et
petitioners
leroy
carhart
writ
certiorari
appeals
eighth
circuit
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justice
concurring
issue
abortion
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society
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ante
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whether
nebraska
attempt
proscribe
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method
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abortion
constitutional
reasons
stated
opinion
agree
nebraska
statute
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decision
planned
parenthood
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casey
therefore
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write
separately
emphasize
following
points
first
nebraska
statute
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exception
instances
banned
procedure
necessary
preserve
health
mother
see
joint
opinion
kennedy
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importantly
nebraska
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scheme
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casey
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woman
right
choose
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pregnancy
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proscribe
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regulation
proscription
must
contain
exception
instances
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medical
judgment
preservation
life
health
mother
quoting
roe
wade
nebraska
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constitutional
limitation
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statute
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proscribing
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neb
rev
stat
ann
supp
statute
provides
abortion
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time
sound
medical
judgment
attending
physician
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child
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appears
reached
viability
except
necessary
preserve
life
health
mother
ibid
emphasis
added
even
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invalid
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health
exception
nebraska
ban
previability
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circumstances
presented
must
include
health
exception
well
since
state
interest
regulating
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viability
considerably
weaker
viability
ante
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issue
however
excepts
procedures
necessary
save
life
mother
whose
life
endangered
physical
disorder
physical
illness
physical
injury
neb
rev
stat
ann
supp
lack
health
exception
necessarily
renders
statute
unconstitutional
contrary
assertions
justice
kennedy
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thomas
need
health
exception
arise
individual
views
carhart
supporters
post
kennedy
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see
also
post
thomas
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rather
majority
explains
significant
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opinion
believes
procedure
may
bring
greater
safety
patients
explains
medical
reasons
supporting
view
ante
nebraska
say
procedure
circumstances
necessary
preserve
life
health
mother
accordingly
precedent
requires
statute
include
health
exception
second
nebraska
statute
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alternative
independent
ground
imposes
undue
burden
woman
right
choose
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viability
nebraska
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covers
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statute
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vagina
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child
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portion
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person
performing
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child
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unborn
child
neb
rev
stat
ann
supp
emphasis
added
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medical
evidence
establishes
procedure
included
definition
thus
possible
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statute
language
applying
procedure
moreover
significant
district
appeals
interpreted
statute
prohibiting
abortions
performed
using
method
well
method
see
supp
neb
stated
several
occasions
ordinarily
defer
construction
state
statute
given
lower
federal
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unless
construction
amounts
plain
error
see
bishop
wood
accepted
interpretation
state
law
district
appeals
concurred
even
examination
issue
without
guidance
might
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different
conclusion
tungus
skovgaard
deference
unique
abortion
context
applies
generally
state
statutes
addressing
areas
law
see
unum
life
ins
america
ward
rule
state
insurance
law
brockett
spokane
arcades
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nuisance
law
runyon
mccrary
statute
limitations
personal
injury
actions
bishop
wood
supra
city
employment
ordinance
given
construction
statute
impermissible
indeed
nebraska
conceded
oral
argument
state
prohibit
procedure
tr
oral
arg
proscribing
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used
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trimester
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see
ante
statute
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woman
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casey
supra
therefore
imposes
undue
burden
woman
right
terminate
pregnancy
prior
viability
important
note
unlike
nebraska
enacted
statutes
narrowly
tailored
proscribing
procedure
alone
statutes
done
specifically
excluding
coverage
common
methods
abortion
vacuum
aspiration
procedures
example
kansas
statute
ban
apply
uction
curettage
abortion
procedure
suction
aspiration
abortion
procedure
dilation
evacuation
abortion
procedure
involving
dismemberment
fetus
prior
removal
body
pregnant
woman
kan
stat
ann
supp
utah
statute
similarly
provides
prohibition
include
dilation
evacuation
procedure
involving
dismemberment
prior
removal
suction
curettage
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suction
aspiration
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abortion
utah
code
ann
likewise
montana
statute
defines
banned
procedure
one
living
fetus
removed
intact
uterus
head
remains
uterus
part
intracranial
contents
fetus
evacuated
head
fetus
compressed
following
fetal
demise
fetus
removed
birth
canal
mont
code
ann
ii
supp
restricting
prohibitions
procedure
exclusively
kansas
utah
montana
statutes
avoid
principal
defect
nebraska
law
nebraska
statute
limited
application
procedure
included
exception
life
health
mother
question
presented
quite
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one
face
today
held
casey
abortion
regulation
constitutes
undue
burden
purpose
effect
placing
substantial
obstacle
path
woman
seeking
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fetus
adequate
alternative
methods
woman
safely
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viability
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procedure
alone
amount
practical
terms
substantial
obstacle
woman
seeking
abortion
thus
ban
abortion
proscribed
method
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included
exception
preserve
life
health
mother
constitutional
view
nebraska
statute
however
meet
criteria
contains
exception
procedure
appropriate
medical
judgment
necessary
preserve
health
mother
proscribes
procedure
also
procedure
commonly
used
method
previability
second
trimester
abortions
thus
making
undue
burden
woman
right
terminate
pregnancy
reasons
agree
nebraska
law
unconstitutional
stenberg
attorney
general
nebraska
et
petitioners
leroy
carhart
writ
certiorari
appeals
eighth
circuit
june
justice
ginsburg
justice
stevens
joins
concurring
write
separately
stress
amidst
emotional
uproar
caused
abortion
case
lose
sight
character
nebraska
partial
birth
abortion
law
observes
law
save
fetus
destruction
targets
method
performing
abortion
ante
statute
seek
protect
lives
health
pregnant
women
moreover
justice
stevens
points
ante
concurring
opinion
common
method
performing
previability
second
trimester
abortions
less
distressing
susceptible
gruesome
description
seventh
circuit
chief
judge
posner
correspondingly
observed
regarding
similar
bans
wisconsin
illinois
law
prohibits
procedure
procedure
kills
fetus
risks
worse
complications
woman
alternative
procedures
crueler
painful
disgusting
method
terminating
pregnancy
hope
clinic
ryan
dissenting
opinion
rather
chief
judge
posner
commented
law
prohibits
procedure
state
legislators
seek
chip
away
private
choice
shielded
roe
wade
even
modified
casey
state
regulation
purpose
effect
placing
substantial
obstacle
path
woman
seeking
abortion
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fetus
violates
constitution
planned
parenthood
southeastern
casey
joint
opinion
kennedy
souter
obstacle
exists
state
stops
woman
choosing
procedure
doctor
reasonably
believes
best
protect
woman
exercise
constitutional
liberty
ante
stevens
concurring
see
casey
means
chosen
state
interest
potential
life
must
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inform
woman
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choice
hinder
stated
chief
judge
posner
statute
burdens
constitutional
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said
behalf
vehicle
legislators
chosen
expressing
hostility
rights
burden
undue
hope
clinic
stenberg
attorney
general
nebraska
et
petitioners
leroy
carhart
writ
certiorari
appeals
eighth
circuit
june
chief
justice
rehnquist
dissenting
join
joint
opinion
planned
parenthood
southeastern
casey
continue
believe
case
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decided
despite
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laid
marks
casey
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case
believe
justice
kennedy
justice
thomas
correctly
applied
casey
principles
join
dissenting
opinions
stenberg
attorney
general
nebraska
et
petitioners
leroy
carhart
writ
certiorari
appeals
eighth
circuit
june
justice
scalia
dissenting
optimistic
enough
believe
one
day
stenberg
carhart
assigned
rightful
place
history
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korematsu
dred
scott
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child
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even
accurately
say
entirely
unborn
human
child
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statute
horrible
clinical
description
evokes
shudder
revulsion
must
know
state
legislatures
banning
procedure
concluded
demanding
health
exception
requires
abortionist
assure
expert
medical
judgment
method
case
hand
marginally
safer
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one
prove
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give
abortion
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rein
notion
constitution
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justice
insure
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reports
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follows
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establish
today
result
follow
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matter
abortion
planned
parenthood
southeastern
casey
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result
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even
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words
hill
colorado
ante
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today
gives
second
independent
reason
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allow
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believes
method
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thomas
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kennedy
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inquiry
legal
reasoning
value
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dependent
upon
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one
respects
believes
society
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fetus
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woman
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wade
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well
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words
justice
concurrence
issue
abortion
one
contentious
controversial
contemporary
american
society
ante
persist
belief
armed
neither
constitutional
text
accepted
tradition
resolve
contention
controversy
rather
consumed
sake
preservation
return
matter
people
constitution
silence
subject
left
let
decide
state
state
whether
practice
allowed
casey
must
overruled
stenberg
attorney
general
nebraska
et
petitioners
leroy
carhart
writ
certiorari
appeals
eighth
circuit
june
justice
kennedy
chief
justice
joins
dissenting
close
two
decades
roe
wade
gave
slight
weight
interests
separate
legislatures
sought
address
persisting
concerns
raised
existence
woman
right
elect
abortion
defined
circumstances
reaffirmed
essential
holding
roe
central
premise
retain
critical
legitimate
role
legislating
subject
abortion
limited
woman
right
restated
guaranteed
planned
parenthood
southeastern
casey
political
processes
state
foreclosed
enacting
laws
promote
life
unborn
ensure
respect
human
life
potential
joint
opinion
kennedy
souter
state
constitutional
authority
vital
means
citizens
address
grave
serious
issues
must
progress
knowledge
understanding
attainment
degree
consensus
decision
today
submission
repudiates
understanding
invalidating
statute
advancing
critical
state
interests
even
though
law
denies
woman
right
choose
abortion
places
undue
burden
upon
right
legislation
well
within
state
competence
enact
concluded
nebraska
law
survives
scrutiny
dictated
proper
understanding
casey
dissent
judgment
invalidating
failure
accord
weight
nebraska
interest
prohibiting
abortion
erroneous
undermines
discussion
holding
approach
regard
revealed
description
abortion
methods
issue
correct
describe
clinically
cold
callous
ante
majority
views
procedures
perspective
abortionist
rather
perspective
society
shocked
confronted
new
method
ending
human
life
words
invoked
majority
transcervical
procedures
smotic
dilators
instrumental
disarticulation
paracervical
block
may
accurate
extent
necessary
ante
citizens
seek
know
laws
subject
enacted
across
nation
words
insufficient
repeated
references
sources
understandable
trained
physician
may
obscure
matters
persons
trained
medical
terminology
thus
seems
necessary
outset
set
forth
may
happen
abortion
person
challenging
nebraska
law
leroy
carhart
physician
received
medical
degree
hahnemann
hospital
university
app
carhart
performs
procedures
clinic
nebraska
also
travel
ohio
perform
abortions
carhart
specialty
certifications
field
related
childbirth
abortion
lacks
admitting
privileges
hospital
performs
abortions
throughout
pregnancy
including
unsure
whether
fetus
viable
contrast
physicians
provided
expert
testimony
case
board
certified
instructors
leading
medical
education
institutions
members
american
board
obstetricians
gynecologists
carhart
performs
abortion
procedure
nebraska
seeks
ban
also
performs
method
abortion
issue
case
described
carhart
procedure
requires
abortionist
use
instruments
grasp
portion
foot
hand
developed
living
fetus
drag
grasped
portion
uterus
vagina
carhart
uses
traction
created
opening
uterus
vagina
dismember
fetus
tearing
grasped
portion
away
remainder
body
ibid
traction
uterus
vagina
essential
procedure
attempting
abort
fetus
without
using
traction
described
carhart
pulling
cat
tail
drag
ging
string
across
floor
keep
dragging
something
grabs
end
going
develop
traction
fetus
many
cases
dies
human
adult
child
bleeds
death
torn
limb
limb
fetus
alive
beginning
dismemberment
process
survive
time
limbs
torn
carhart
agreed
hen
pull
piece
fetus
let
say
arm
leg
remove
time
prior
removal
portion
fetus
fetus
alive
carhart
observed
fetal
heartbeat
via
ultrasound
extensive
parts
fetus
removed
testified
mere
dismemberment
limb
always
cause
death
knows
physician
removed
arm
fetus
fetus
go
born
living
child
one
arm
conclusion
abortion
intact
fetus
remains
carhart
words
abortionist
left
tray
full
pieces
procedure
implicated
today
called
abortion
ampx
used
general
matter
weeks
gestation
fetus
become
developed
may
survive
intact
partial
delivery
uterus
vagina
abortionist
initiates
woman
natural
delivery
process
causing
cervix
woman
dilated
sometimes
sequence
days
fetus
arms
legs
delivered
outside
uterus
fetus
alive
witnesses
procedure
report
seeing
body
fetus
moving
outside
woman
body
brief
petitioners
point
abortion
procedure
appearance
live
birth
stated
one
group
physicians
physician
manually
performs
breech
extraction
body
live
fetus
excepting
head
continues
apparent
role
obstetrician
delivering
child
brief
association
american
physicians
surgeons
et
al
amici
curiae
head
fetus
remaining
utero
abortionist
tears
open
skull
according
martin
haskell
leading
proponent
procedure
appropriate
instrument
used
stage
abortion
pair
scissors
haskell
dilation
extraction
late
second
trimester
abortion
cong
rec
witnesses
report
observing
portion
fetus
outside
woman
react
skull
penetration
brief
petitioners
abortionist
inserts
suction
tube
vacuums
developing
brain
matter
found
within
skull
process
making
size
fetus
head
smaller
given
clinically
neutral
term
reduction
procedure
supp
neb
brain
death
occur
skull
invasion
according
carhart
heart
fetus
may
continue
beat
minutes
contents
skull
vacuumed
app
abortionist
next
completes
delivery
dead
fetus
intact
except
damage
head
missing
contents
skull
two
described
procedures
nebraska
seeks
ban
light
description
procedure
go
without
saying
nebraska
ban
abortion
furthers
purposes
entitled
pursue
carhart
nevertheless
maintains
state
legitimate
interest
forbidding
interprets
controlling
cases
two
interests
state
may
advance
regulation
abortion
health
woman
considering
procedure
life
fetus
carries
brief
respondent
read
opinion
accedes
views
misunderstanding
casey
authorities
confirmed
casey
held
cases
decided
wake
roe
wade
given
state
interests
little
acknowledgment
implementation
joint
opinion
kennedy
souter
decision
turned
aside
contention
person
right
decide
whether
abortion
without
interference
state
rejected
strict
scrutiny
standard
review
incompatible
recognition
substantial
state
interest
potential
life
throughout
pregnancy
notion
state
substantial
interest
potential
life
leads
conclusion
regulations
must
deemed
unwarranted
ibid
held
inappropriate
judicial
branch
provide
exhaustive
list
state
interests
implicated
abortion
casey
premised
important
constitutional
role
defining
interests
abortion
debate
principle
mind
nebraska
interests
given
proper
weight
state
brief
describes
interests
including
concern
life
unborn
preserving
integrity
medical
profession
erecting
barrier
infanticide
brief
petitioners
review
casey
demonstrates
legitimacy
policies
say
may
take
sides
abortion
debate
come
side
life
even
life
unborn
even
earliest
stages
pregnancy
state
may
enact
rules
regulations
designed
encourage
woman
know
philosophic
social
arguments
great
weight
brought
bear
favor
continuing
pregnancy
full
term
procedures
institutions
allow
adoption
unwanted
children
well
certain
degree
state
assistance
mother
chooses
raise
child
joint
opinion
kennedy
souter
also
interest
forbidding
medical
procedures
state
reasonable
determination
might
cause
medical
profession
society
whole
become
insensitive
even
disdainful
life
including
life
human
fetus
abortion
casey
held
consequences
beyond
woman
fetus
interests
regulating
concomitant
extension
casey
recognized
abortion
fraught
consequences
persons
perform
assist
procedure
society
must
confront
knowledge
procedures
exist
procedures
deem
nothing
short
act
violence
innocent
human
life
state
may
take
measures
ensure
medical
profession
members
viewed
healers
sustained
compassionate
rigorous
ethic
cognizant
dignity
value
human
life
even
life
survive
without
assistance
others
ibid
washington
glucksberg
casey
demonstrates
interests
asserted
state
legitimate
recognized
law
argued
however
ban
interests
reasoning
continues
method
nebraska
claims
beyond
intent
regulate
still
used
abort
fetus
less
dehumanizing
method
adopting
argument
express
terms
indicates
tacit
approval
refusing
reject
forthright
manner
rendering
express
implicit
majority
opinion
justice
stevens
justice
ginsburg
forthright
declaring
two
procedures
indistinguishable
nebraska
acted
irrationally
without
proper
purpose
enacting
law
issue
whether
members
judiciary
see
difference
two
procedures
whether
nebraska
refusal
recognize
nebraska
right
declare
moral
difference
procedure
dispiriting
disclosure
illogic
illegitimacy
approach
entire
case
nebraska
entitled
find
existence
consequential
moral
difference
procedures
referred
substantial
medical
authority
perverts
natural
birth
process
greater
degree
commandeering
live
birth
process
skull
pierced
american
medical
association
ama
publications
describe
abortion
method
ethically
wrong
ama
board
trustees
factsheet
hr
june
app
brief
association
american
physicians
surgeons
et
al
amici
curiae
ama
factsheet
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fetus
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outside
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fetus
autonomy
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right
woman
choose
treatments
body
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see
also
app
brief
association
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physicians
surgeons
et
al
amici
curiae
intact
aberrant
troubling
technique
confuses
disparate
role
physician
childbirth
abortion
way
blur
medical
legal
ethical
line
infanticide
abortion
witnesses
procedure
relate
fingers
feet
fetus
moving
prior
piercing
skull
scissors
inserted
back
head
fetus
body
wholly
outside
woman
body
alive
reacts
though
startled
goes
limp
ampx
stronger
resemblance
infanticide
means
nebraska
conclude
procedure
presents
greater
risk
disrespect
life
consequent
greater
risk
profession
society
depend
sustenance
upon
reciprocal
recognition
dignity
respect
without
authority
conclusion
oppose
abortion
agree
indeed
insist
procedures
subject
severe
moral
condemnation
condemnation
reserved
repulsive
human
conduct
inconsistent
however
proposition
ethical
moral
matter
distinct
ampe
serious
concern
medical
ethics
morality
larger
society
medical
profession
must
serve
nebraska
must
obey
legal
regime
declared
right
woman
abortion
viability
yet
retains
power
adopt
regulations
impose
undue
burden
woman
right
regulation
nebraska
instructs
participants
abortion
process
including
mother
moral
judgment
life
including
life
unborn
respected
participants
nebraska
determined
indifferent
procedure
used
must
refrain
using
natural
delivery
process
kill
fetus
differentiation
procedures
moral
statement
serving
promote
respect
human
life
woman
physician
contemplating
moral
consequences
prohibited
procedure
conclude
grave
moral
consequences
pertain
permitted
abortion
process
well
choice
elect
elect
abortion
informed
policy
promoting
respect
life
advanced
institutional
position
constitutional
sources
seeks
invoke
refuse
issue
forthright
affirmation
nebraska
right
declare
critical
moral
differences
exist
two
procedures
natural
birth
process
appropriated
yet
refuses
hear
state
voice
defining
interests
law
holding
contradicts
casey
assurance
state
constitutional
position
realm
promoting
respect
life
marginal
ii
demonstrating
basic
misunderstanding
casey
holds
ban
procedure
fails
include
exception
permitting
abortionist
perform
whenever
believes
best
preserve
health
woman
casting
aside
views
distinguished
physicians
statements
leading
medical
organizations
awards
physician
veto
power
state
judgment
procedures
performed
carhart
made
medical
judgment
use
procedure
every
case
regardless
indications
weeks
gestation
supp
requiring
nebraska
defer
carhart
judgment
different
forbidding
nebraska
enacting
ban
leroy
carhart
sets
abortion
policy
state
nebraska
legislature
people
casey
give
precedence
views
single
physician
group
physicians
regarding
relative
safety
particular
procedure
full
agreement
justice
thomas
appropriate
casey
inquiry
whether
state
preventing
abortionist
something
medical
judgment
believes
appropriate
course
treatment
post
casey
addressed
question
whether
state
resolve
philosophic
questions
abortion
definitive
way
woman
lacks
choice
matter
decided
issue
state
holding
woman
deprived
opportunity
make
reproductive
decisions
casey
made
quite
evident
however
state
substantial
concerns
childbirth
life
unborn
may
enact
laws
real
sense
depriv
women
ultimate
decision
joint
opinion
kennedy
souter
laws
purpose
effect
placing
substantial
obstacle
path
woman
seeking
abortion
nonviable
fetus
prohibited
nebraska
law
purpose
effect
holding
casey
allowing
woman
elect
abortion
defined
circumstances
question
nebraska
however
entitled
conclude
ban
advancing
important
interests
regarding
sanctity
life
deprived
woman
safe
abortion
therefore
impose
substantial
obstacle
rights
woman
american
college
obstetricians
gynecologists
acog
identify
circumstances
option
save
life
preserve
health
woman
app
american
medical
association
agrees
stating
ama
expert
panel
included
acog
representative
find
identified
circumstance
appropriate
alternative
ama
factsheet
conclusion
safest
method
requires
replace
words
may
word
following
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acog
position
statement
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however
may
best
appropriate
procedure
particular
circumstance
app
studies
support
contention
abortion
method
safer
abortion
methods
brief
respondent
leading
proponents
procedure
acknowledge
disadvantages
versus
methods
requires
high
degree
surgical
skill
pierce
skull
sharp
instrument
blind
procedure
haskell
cong
rec
doctors
point
complications
may
arise
brief
american
physicians
surgeons
et
al
amici
curiae
app
leading
physician
frank
boehm
performed
supervised
abortions
director
fetal
intensive
care
unit
medicine
division
vanderbilt
university
hospital
refused
support
use
medical
need
procedure
exists
ethical
concerns
boehm
fellow
acog
supports
abortion
rights
provided
sworn
testimony
opposition
previous
state
attempts
regulate
abortion
conclude
part
standard
medical
practice
telling
expert
called
carhart
expert
testifying
favor
procedure
fact
performed
abortion
medical
practice
testimony
phillip
stubblefield
respect
opinions
courtroom
conversions
uncertain
reliability
litigation
jurisdictions
establishes
physicians
adopt
procedure
part
standard
medical
practice
richmond
medical
center
women
gilmore
hope
clinic
ryan
see
also
app
quite
wrong
conclude
seems
done
carhart
conforms
practice
proper
standard
care
incorporated
procedure
practice
neither
boehm
carhart
lead
expert
stubblefield
chairman
department
obstetrics
gynecology
boston
university
school
medicine
director
obstetrics
gynecology
boston
medical
center
done
substantial
evidence
supports
nebraska
conclusion
law
denies
woman
safe
abortion
said
may
present
unquantified
lower
risk
complication
particular
patient
proven
safe
procedures
remain
available
even
patient
circumstances
wrong
limit
inquiry
relative
physical
safety
two
procedures
slightest
potential
difference
requiring
invalidation
law
justice
explained
earlier
case
state
may
regulate
based
matters
beyond
various
medical
organizations
say
physical
safety
particular
procedure
akron
akron
center
reproductive
health
dissenting
opinion
difference
physical
safety
best
marginal
state
may
take
account
grave
moral
issues
presented
new
abortion
method
see
casey
requiring
regulation
impose
significant
threat
life
health
woman
application
impose
undue
burden
internal
quotation
marks
omitted
carhart
decide
use
based
conclusion
best
particular
woman
unsubstantiated
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health
differences
best
marginal
amount
substantial
obstacle
abortion
right
joint
opinion
kennedy
souter
also
important
recognize
effective
fetus
close
viable
fact
viable
thus
state
regulating
process
point
interest
life
nearing
peak
courts
evaluate
relative
worth
particular
surgical
procedures
legislatures
several
superior
factfinding
capabilities
regard
earlier
case
justice
explained
general
rule
extends
abortion
cases
writing
suited
nation
ex
officio
medical
board
powers
approve
disapprove
medical
operative
practices
standards
throughout
dissenting
opinion
internal
quotation
marks
omitted
irrespective
difficulty
task
legislatures
superior
factfinding
capabilities
certainly
better
able
make
necessary
judgments
courts
nebraska
judgment
must
stand
deferring
physician
judgment
turns
back
cases
decided
wake
roe
cases
gave
physician
treatment
decisions
controlling
weight
repudiated
casey
approach
deferring
physicians
reached
apex
akron
supra
held
informed
consent
requirement
unconstitutional
law
challenged
akron
required
abortionist
inform
woman
status
pregnancy
development
fetus
date
possible
viability
physical
emotional
complications
may
result
abortion
availability
agencies
provide
assistance
information
physician
also
required
advise
woman
risks
associated
abortion
technique
employed
information
ibid
law
invalidated
based
physician
right
practice
medicine
way
saw
fit
according
akron
remains
primarily
responsibility
physician
ensure
appropriate
information
conveyed
patient
depending
particular
circumstances
dispositive
law
intrusion
upon
discretion
pregnant
woman
physician
physician
placed
undesired
uncomfortable
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ibid
internal
quotation
marks
omitted
decision
today
echoes
akron
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physician
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sees
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doubt
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view
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right
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recognized
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present
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woman
position
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kennedy
souter
casey
discussed
informed
consent
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struck
akron
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akron
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solicitude
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medical
practice
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carhart
supporters
question
whether
substantial
objective
medical
evidence
demonstrate
state
considerable
support
conclusion
ban
created
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woman
health
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recognized
point
holding
physician
ability
practice
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reasonable
regulation
state
receive
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opinion
kennedy
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entitled
make
judgments
high
medical
authority
disagreement
fails
acknowledge
substantial
authority
allowing
state
take
sides
medical
debate
even
fundamental
liberty
interests
stake
even
leading
members
profession
disagree
conclusions
drawn
legislature
kansas
hendricks
held
disagreements
among
medical
professionals
tie
state
hands
setting
bounds
laws
fact
precisely
disagreement
exists
legislatures
afforded
widest
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state
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planned
parenthood
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akron
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national
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general
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apply
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birth
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state
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resolved
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partial
birth
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question
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whether
state
constitutionally
prohibit
partial
birth
abortion
procedure
without
health
exception
although
majority
justice
purport
rely
standard
articulated
casey
joint
opinion
concluding
state
may
fact
disregard
entirely
though
justices
kennedy
souter
declined
casey
ground
stare
decisis
reconsider
whether
abortion
enjoys
constitutional
protection
majority
opinion
joint
opinion
casey
professed
part
repudiation
roe
progeny
casey
joint
opinion
expressly
noted
prior
case
law
undervalued
state
interest
potential
life
invalidated
regulations
abortion
real
sense
deprived
women
ultimate
decision
see
roe
wade
speaks
clarity
establishing
state
important
legitimate
interest
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joint
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recognized
weighty
interest
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see
state
may
express
profound
respect
life
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state
profound
interest
potential
life
majority
opinion
profound
moral
spiritual
implications
terminating
pregnancy
even
earliest
stage
joint
opinion
expressed
repeatedly
legitimate
role
regulating
abortion
procedures
see
notion
state
substantial
interest
potential
life
leads
conclusion
regulations
must
deemed
unwarranted
governmental
intrusion
abortion
necessity
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according
joint
opinion
fact
law
serves
valid
purpose
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strike
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effect
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abortion
enough
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casey
joint
opinion
therefore
adopted
standard
state
regulation
imposes
undue
burden
woman
ability
make
decision
power
state
reach
heart
liberty
protected
due
process
clause
ibid
regulation
imposes
undue
burden
effect
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substantial
obstacle
path
woman
choice
question
state
nebraska
valid
interest
one
designed
strike
right
prohibiting
partial
birth
abortion
casey
noted
may
express
profound
respect
life
unborn
ibid
may
without
doubt
express
profound
respect
prohibiting
procedure
approaches
infanticide
thereby
dehumanizes
fetus
trivializes
human
life
ama
recognized
procedure
ethically
different
destructive
abortion
techniques
fetus
normally
twenty
weeks
longer
gestation
killed
outside
womb
partial
birth
gives
fetus
autonomy
separates
right
woman
choose
treatments
body
ama
board
trustees
factsheet
june
app
brief
association
american
physicians
surgeons
et
al
amici
curiae
thirty
concurred
view
although
description
procedure
set
forth
sufficient
demonstrate
resemblance
partial
birth
abortion
procedure
infanticide
testimony
one
nurse
observed
partial
birth
abortion
procedure
makes
point
even
vividly
baby
little
fingers
clasping
unclasping
little
feet
kicking
doctor
stuck
scissors
back
head
baby
arms
jerked
like
startle
reaction
like
flinch
like
baby
thinks
going
fall
doctor
opened
scissors
stuck
suction
tube
opening
sucked
baby
brains
baby
went
completely
limp
hearing
statement
brenda
pratt
shafer
question
whether
legitimate
interest
banning
procedure
require
additional
authority
see
ante
kennedy
dissenting
civilized
society
answer
obvious
contrary
arguments
offensive
merit
discussion
see
ante
stevens
concurring
arguing
decision
ban
partial
birth
abortion
procedure
simply
irrational
forms
abortion
equally
gruesome
ante
ginsburg
concurring
similar
next
question
therefore
whether
nebraska
statute
unconstitutional
contain
exception
allow
use
procedure
whenever
necessary
appropriate
medical
judgment
preservation
health
mother
ante
majority
opinion
quoting
casey
turn
quoting
roe
emphasis
omitted
according
majority
health
exception
required
division
opinion
among
medical
experts
whether
generally
safer
absence
controlled
medical
studies
help
answer
medical
questions
ante
words
unless
state
conclusively
establish
abortion
procedure
safer
procedures
state
regulate
procedure
without
including
health
exception
justice
agrees
ante
concurring
opinion
rule
set
forth
majority
justice
dramatically
expands
prior
abortion
cases
threatens
undo
state
regulation
abortion
procedures
majority
justice
suggest
rule
dictated
straightforward
application
roe
casey
ante
majority
opinion
ante
concurring
simply
true
roe
casey
stated
state
may
regulate
even
proscribe
abortion
except
necessary
appropriate
medical
judgment
preservation
life
health
mother
roe
supra
casey
casey
said
health
exception
must
available
continuing
pregnancy
constitute
threat
woman
emphasis
added
cases
state
seeks
prohibit
abortion
even
temporarily
particular
circumstances
casey
says
may
state
must
make
exception
cases
life
health
mother
endangered
continuing
pregnancy
cases
addressed
situation
woman
must
obtain
abortion
threat
health
continued
pregnancy
roe
casey
say
nothing
cases
physician
considers
one
prohibited
method
abortion
preferable
permissible
methods
today
majority
justice
twist
roe
casey
apply
situation
woman
desires
whatever
reason
abortion
wishes
obtain
abortion
particular
method
see
ante
majority
opinion
ante
concurring
opinion
words
majority
justice
fail
distinguish
cases
health
concerns
require
woman
obtain
abortion
cases
health
concerns
cause
woman
desires
abortion
whatever
reason
prefer
one
method
another
clear
understanding
health
exception
required
mandated
prior
cases
fact
approved
regulations
methods
conducting
abortion
despite
lack
health
exception
mazurek
armstrong
per
curiam
reversing
appeals
holding
plaintiffs
challenging
requirement
physicians
perform
abortions
fair
chance
stevens
dissenting
arguing
regulation
designed
make
abortion
difficult
one
think
vast
bodies
law
regulating
abortion
valid
one
hope
despite
lack
health
exceptions
example
physicians
presumably
prohibited
using
abortifacients
approved
food
drug
administration
even
physicians
reasonably
believe
abortifacients
safer
women
existing
majority
effectively
concedes
casey
provides
support
broad
health
exception
rule
relying
authority
see
ante
including
case
specifically
disapproved
casey
giving
little
weight
state
interest
fetal
life
see
casey
supra
overruling
parts
thornburgh
american
college
obstetricians
gynecologists
inconsistent
roe
statement
state
legitimate
interest
promoting
life
potential
life
unborn
relying
thornburgh
supra
burger
dissenting
proposition
expanding
roe
case
indeed
justice
joins
opinion
thornburgh
dissent
arguing
standard
statute
issue
constitutional
see
arguing
challenged
state
statute
unduly
burdensome
majority
resort
case
proves
point
holding
today
assumes
standard
set
forth
casey
joint
opinion
longer
governing
even
assume
standards
govern
cases
cited
majority
provide
support
proposition
partial
birth
abortion
ban
must
include
health
exception
doctors
believe
partial
birth
abortion
safer
thornburgh
danforth
doe
addressed
health
exceptions
cases
continued
pregnancy
pose
risk
woman
thornburgh
supra
planned
parenthood
central
mo
danforth
doe
bolton
explicitly
declined
address
whether
state
constitutionally
require
tradeoff
woman
health
fetus
broad
rule
articulated
majority
justice
unprecedented
expansions
already
expansive
jurisprudence
state
affairs
bad
enough
majority
expands
health
exception
rule
articulated
casey
one
additional
equally
pernicious
way
although
roe
casey
mandated
health
exception
cases
abortion
necessary
woman
health
majority
concludes
procedure
necessary
comparative
health
benefits
ante
words
according
majority
long
doctor
point
support
profession
woman
preferred
procedure
necessary
physician
entitled
perform
id
see
also
ante
ginsburg
concurring
arguing
state
constitutionally
sto
woman
choosing
procedure
doctor
reasonably
best
interest
health
exception
requirement
eviscerates
casey
undue
burden
standard
imposes
unfettered
exception
entirely
swallows
rule
effect
regulation
abortion
procedures
permitted
always
support
procedure
always
doctors
conclude
procedure
preferable
nebraska
reenacts
partial
birth
abortion
ban
health
exception
state
able
prevent
physicians
like
carhart
using
partial
birth
abortion
routine
abortion
procedure
expressed
conclusion
highly
plausible
support
view
partial
birth
abortion
safer
majority
view
means
procedure
therefore
necessary
ante
doctor
wishes
perform
procedure
new
statute
able
impunity
therefore
justice
assurance
constitutional
failings
nebraska
statute
easily
fixed
ante
illusory
majority
insistence
health
exception
fig
leaf
barely
covering
hostility
abortion
regulation
hostility
casey
purported
majority
assiduously
avoids
addressing
actual
standard
articulated
casey
whether
prohibiting
partial
birth
abortion
without
health
exception
poses
substantial
obstacle
obtaining
abortion
good
reason
obstacle
exist
two
essential
reasons
identify
substantial
obstacle
first
identify
real
much
less
substantial
barrier
woman
ability
obtain
abortion
second
demonstrate
obstacle
affect
sufficient
number
women
justify
invalidating
statute
face
casey
joint
opinion
makes
clear
strike
state
regulations
abortion
based
fact
women
might
face
marginally
higher
health
risk
regulation
casey
upheld
waiting
period
even
though
credited
evidence
women
delay
practice
much
longer
hours
even
though
undisputed
delay
obtaining
abortion
impose
additional
health
risks
blackmun
concurring
part
concurring
judgment
part
dissenting
part
district
found
mandatory
delay
lead
delays
excess
hours
thus
increasing
health
risks
although
women
able
avoid
waiting
period
medical
emergency
medical
emergency
exception
statute
limited
women
delay
create
serious
risk
substantial
irreversible
impairment
major
bodily
function
internal
quotation
marks
omitted
without
question
women
regulation
impose
additional
health
risk
fall
within
medical
emergency
exception
concluded
despite
certainty
increased
risk
showing
burden
women
substantial
case
overturned
state
attempt
prohibit
particular
form
abortion
also
demonstrates
marginal
increase
health
risks
sufficient
create
undue
burden
planned
parenthood
central
mo
danforth
struck
state
regulation
state
outlawed
method
abortion
used
abortions
alternative
methods
emphasized
significantly
dangerous
critical
prohibited
method
like
casey
waiting
period
contrast
situation
danforth
increased
health
risk
women
imposed
partial
birth
abortion
ban
minimal
abortions
occur
weeks
time
partial
birth
abortion
possible
vast
majority
performed
induction
procedure
woman
vertex
presentation
fetus
vertex
presentation
form
intact
presumably
shares
health
benefits
partial
birth
abortion
procedure
covered
nebraska
statute
available
remaining
women
women
partial
birth
abortion
procedure
considered
breech
presentation
fetus
showing
one
faces
significant
health
risk
partial
birth
abortion
ban
select
committee
acog
identify
circumstances
procedure
option
save
life
preserve
health
woman
app
acog
executive
board
statement
intact
dilation
extraction
see
also
hope
clinic
ryan
en
banc
appear
identified
situation
intact
appropriate
procedure
induce
quoting
late
term
pregnancy
techniques
ama
policy
planned
parenthood
doyle
supp
citing
testimony
haskell
procedure
never
medically
necessary
preserve
health
woman
vacated
ad
hoc
coalition
doctors
including
former
surgeon
general
koop
concluded
medical
conditions
require
use
partial
birth
abortion
procedure
preserve
mother
health
see
app
fact
evidence
nebraska
legislature
partial
birth
abortion
increases
health
risks
relative
procedures
floor
debates
proponent
nebraska
legislation
read
cited
several
articles
physicians
concluding
partial
birth
abortion
procedures
risky
app
nos
one
doctor
testifying
committee
nebraska
legislature
stated
partial
birth
abortion
involves
three
risky
procedures
dilation
cervix
using
instruments
blindly
conversion
fetus
app
quoting
testimony
paul
hays
also
evidence
congress
partial
birth
abortion
meet
medical
standards
set
acog
adequately
proven
safe
efficacious
hearing
statement
nancy
romer
see
ama
supported
congressional
ban
partial
birth
abortion
concluding
procedure
medically
indicated
good
medicine
see
cong
rec
may
reprinting
letter
ama
santorum
evidence
congress
certainly
basis
upon
state
claim
partial
birth
abortion
safer
even
preferred
procedure
partial
birth
abortion
truth
joint
hearing
statement
curtis
cook
doctor
testified
abortion
unnecessary
unsteady
potentially
dangerous
procedure
safe
alternatives
existence
majority
justifies
result
asserting
significant
body
medical
opinion
supports
view
partial
birth
abortion
may
safer
abortion
procedure
ante
find
assertion
puzzling
significant
body
medical
opinion
supporting
procedure
one
majority
identified
fact
uncontested
although
procedure
used
since
least
formal
studies
compared
partial
birth
abortion
procedures
supp
citing
testimony
stubblefield
citing
testimony
boehm
epner
jonas
seckinger
abortion
jama
sprang
neerhof
rationale
banning
abortion
late
pregnancy
jama
cf
kumho
tire
carmichael
observing
reliability
scientific
technique
may
turn
whether
technique
tested
whether
subjected
peer
review
publication
whether
high
rate
error
standards
controlling
operation
majority
conclusion
makes
sense
standard
whether
significant
body
medical
opinion
supports
result
rather
justice
ginsburg
candidly
admits
whether
doctor
reasonably
believe
partial
birth
abortion
procedure
best
protect
woman
ante
moreover
even
assume
credible
evidence
sides
debate
fact
resolve
question
favor
allowing
nebraska
legislate
one
knows
whether
regulation
abortion
poses
burden
burden
surely
amount
substantial
obstacle
casey
case
defer
legislative
judgment
said
precisely
disagreement
exists
legislatures
afforded
widest
latitude
drafting
statutes
hen
legislature
undertakes
act
areas
fraught
medical
scientific
uncertainty
legislative
options
must
especially
broadies
kansas
hendricks
internal
quotations
marks
omitted
justice
words
difficult
believe
without
resources
available
bodies
entrusted
making
legislative
choices
believes
competent
make
inquiries
revise
standards
every
time
american
college
obstetricians
gynecologists
acog
similar
group
revises
views
appropriate
medical
procedure
area
akron
akron
center
reproductive
health
dissenting
opinion
see
irrespective
difficulty
task
legislatures
superior
factfinding
capabilities
certainly
better
able
make
necessary
judgments
courts
webster
reproductive
health
services
lesson
drawn
government
may
act
face
medical
uncertainty
rather
courts
pay
particular
deference
reasonable
legislative
judgments
today
disregards
principles
clear
import
casey
even
willing
assume
partial
birth
method
abortion
safer
small
set
women
conclusion
require
invalidating
act
case
comes
us
facial
challenge
question
us
whether
respondent
shown
set
circumstances
exists
act
valid
ohio
akron
center
reproductive
health
quoting
webster
reproductive
health
services
supra
concurring
part
concurring
judgment
courts
may
invalidate
face
state
statute
regulating
abortion
based
upon
analysis
may
never
occur
invalidation
statute
improper
even
assuming
casey
rejected
standard
sub
silentio
least
far
abortion
cases
concerned
favor
large
test
see
fargo
women
health
organization
schafer
joined
souter
concurring
arguing
set
circumstances
standard
incompatible
casey
see
also
janklow
planned
parenthood
sioux
falls
clinic
scalia
dissenting
denial
certiorari
casey
presented
facial
challenge
among
provisions
spousal
notice
requirement
question
according
majority
whether
spousal
notice
provision
operated
substantial
obstacle
women
whose
conduct
affects
namely
married
women
seeking
abortions
wish
notify
husbands
intentions
qualify
one
statutory
exceptions
notice
requirement
determined
large
fraction
women
category
victims
psychological
physical
abuse
subset
women
according
provision
pose
substantial
obstacle
ability
obtain
abortion
husbands
exercise
effective
veto
decision
none
opinions
supporting
majority
much
mentions
large
fraction
standard
undoubtedly
nebraska
statute
easily
survives
assume
sake
discussion
category
women
whose
conduct
nebraska
partial
birth
abortion
statute
might
affect
includes
woman
wishes
obtain
safe
abortion
weeks
gestation
also
assume
although
doubt
true
women
every
one
willing
use
partial
birth
abortion
procedure
advised
doctor
indisputably
large
fraction
women
face
substantial
obstacle
obtaining
safe
abortion
inability
use
particular
procedure
fact
clear
woman
deprived
safe
abortion
inability
obtain
partial
birth
abortion
medically
sophisticated
minds
searched
failed
identify
single
circumstance
let
alone
large
fraction
partial
birth
abortion
required
matter
ad
hoc
nullification
machine
back
full
throttle
see
thornburgh
american
college
obstetricians
gynecologists
scalia
concurring
judgment
part
dissenting
part
reassured
repeatedly
casey
regulations
abortion
unwarranted
may
express
profound
respect
fetal
life
casey
regulation
us
today
easily
pass
constitutional
muster
abortion
jurisprudence
particularly
virulent
strain
constitutional
exegesis
today
told
prohibited
banning
one
rarely
used
form
abortion
believe
border
infanticide
clear
constitution
compel
result
respectfully
dissent
footnotes
unless
otherwise
noted
subsequent
cites
planned
parenthood
southeastern
casey
joint
opinion
kennedy
souter
jj
recent
year
abortion
statistics
available
centers
disease
control
prevention
approximately
abortions
performed
centers
disease
control
prevention
abortion
surveillance
july
abortions
performed
week
gestation
middle
second
trimester
third
trimester
majority
apparently
accepts
none
abortion
procedures
used
pregnancies
earlier
stages
gestation
including
dilation
evacuation
practiced
weeks
gestation
compromised
statute
see
ante
concluding
statute
interpreted
apply
instrumental
dismemberment
procedures
used
later
term
therefore
methods
abortion
available
women
later
stage
pregnancy
issue
case
weeks
gestation
average
fetus
approximately
six
inches
long
weeks
gestation
fetus
approximately
eight
inches
long
moore
persaud
developing
human
ed
past
week
gestation
respondent
attempts
induce
fetal
death
injection
prior
beginning
procedure
patients
supp
app
disagreement
among
parties
regarding
appropriate
term
procedure
congress
numerous
state
legislatures
including
nebraska
described
procedure
partial
birth
abortion
reflecting
fact
fetus
born
physician
causes
death
see
infra
respondent
prefers
refer
generically
intact
dilation
evacuation
intact
without
reference
whether
fetus
presented
head
first
feet
first
one
doctors
developed
procedure
martin
haskell
described
dilation
extraction
see
abortion
ban
act
hearing
senate
committee
judiciary
hereinafter
hearing
executive
board
american
college
obstetricians
gynecologists
acog
refers
procedure
hybrid
term
intact
dilation
extraction
intact
see
app
acog
executive
board
statement
intact
dilation
extraction
term
adopted
ama
see
ama
report
board
trustees
abortion
use
term
partial
birth
abortion
describe
procedure
legal
term
preferred
state
legislatures
including
state
nebraska
congress
discuss
see
infra
justification
majority
preference
terms
intact
desire
make
procedure
appear
medically
sanctioned
apparently
general
understanding
women
appropriate
candidates
procedure
respondent
uses
procedure
women
weeks
gestation
supp
doctor
developed
procedure
martin
haskell
indicated
performed
procedure
patients
weeks
certain
patients
weeks
see
hearing
addition
two
forms
abortion
used
rarely
hysterotomy
procedure
resembling
caesarean
section
requires
surgical
delivery
fetus
incision
uterine
wall
hysterectomy
supp
majority
argues
statute
explicitly
require
procedure
separate
overall
abortion
procedure
beside
point
statute
procedure
must
separate
delivery
moreover
incorrect
state
statute
contemplates
one
procedure
statute
clearly
uses
term
procedure
refer
overall
abortion
procedure
partial
birth
abortion
abortion
procedure
well
component
overall
abortion
procedure
purpose
performing
procedure
kill
unborn
child
certainly
true
undefined
term
must
construed
accordance
ordinary
plain
meaning
fdic
meyer
mean
ordinary
plain
meaning
term
wholly
irrelevant
term
defined
noted
see
supra
consensus
regarding
terms
appropriate
describe
procedure
assume
majority
terms
purposes
interchangeable
congressional
legislation
prohibiting
procedure
first
introduced
june
introduction
partial
birth
abortion
ban
act
measure
sponsored
individual
house
members
passed
houses
wide
margins
cong
rec
cong
rec
vetoed
president
clinton
see
house
voted
override
veto
september
see
however
senate
failed
override
margin
votes
see
next
congress
individual
house
cosponsors
reintroduced
partial
birth
abortion
ban
act
later
replaced
house
see
sess
house
senate
adopted
legislation
amended
wide
margins
see
cong
rec
president
clinton
vetoed
bill
see
veto
override
passed
house
fell
short
senate
see
cong
rec
consistent
practice
haskell
ohio
practitioner
ohio
referred
procedure
dilation
extraction
defined
termination
human
pregnancy
purposely
inserting
suction
device
skull
fetus
remove
brain
ohio
rev
code
ann
missouri
refers
killing
infant
infanticide
mo
stat
ann
vernon
supp
part
defined
term
partial
birth
abortion
using
language
similar
proposed
congressional
legislation
abortion
person
performing
abortion
partially
vaginally
delivers
living
fetus
killing
fetus
completing
delivery
see
hearing
see
alaska
stat
ann
rev
stat
ann
supp
ark
code
ann
stat
supp
comp
ch
ind
code
ann
west
supp
comp
laws
ann
supp
miss
code
ann
supp
code
ann
cum
including
nebraska
see
neb
rev
stat
ann
supp
defined
abortion
using
language
similar
used
proposed
congressional
legislation
retained
definition
partial
birth
abortion
used
bill
abortion
person
performing
abortion
partially
vaginally
delivers
living
fetus
killing
fetus
completing
delivery
defined
phrase
mean
deliberately
intentionally
delivers
vagina
living
fetus
substantial
portion
purpose
performing
procedure
physician
knows
kill
fetus
kills
fetus
see
partial
birth
abortion
ban
act
sess
see
idaho
code
supp
iowa
code
ann
supp
stat
ann
west
supp
stat
tit
supp
laws
supp
code
ann
majority
argues
approach
supported
meese
keene
stated
statutory
definition
term
excludes
unstated
meanings
term
case
provides
support
approach
adopted
majority
justice
meese
addressed
statute
used
term
political
propaganda
noted
two
commonly
understood
meanings
term
political
propaganda
surprisingly
chose
definition
consistent
statutory
definition
nowhere
suggest
political
propaganda
defined
statute
commonly
understood
meanings
term
irrelevant
indeed
significant
portion
opinion
devoted
describing
effect
congress
use
term
colautti
franklin
western
union
telegraph
lenroot
support
proposition
two
possible
interpretations
term
one
comports
statutory
definition
term
read
include
unstated
meaning
one
possible
interpretation
partial
birth
abortion
majority
cite
authority
using
term
describe
justification
majority
willingness
entirely
disregard
statute
use
term
matter
terms
intact
dilation
extraction
intact
dilation
evacuation
appear
textbooks
medical
dictionaries
see
supra
page
fact
respondent
preferred
term
intact
compound
rather
remedy
confusion
regarding
statute
meaning
evident
majority
opinion
consensus
term
means
compare
ante
describing
intact
refer
breech
vertex
presentation
procedures
app
testimony
henshaw
using
intact
mean
breech
procedure
testimony
stubblefield
using
intact
refer
delivery
fetus
died
utero
fact
statutory
term
partial
birth
abortion
may
express
political
moral
judgment
whereas
dilation
extraction
irrelevant
certainly
true
technical
terms
frequently
empty
normative
content
course
decision
use
technical
term
normative
see
ante
passim
majority
opinion
long
statutory
terms
adequately
defined
requirement
congress
state
legislatures
draft
statutes
using
morally
agnostic
terminology
see
making
unlawful
manufacture
transfer
possess
semiautomatic
assault
weapon
kobayashi
olson
et
california
street
legal
economic
analysis
strict
liability
manufacture
sale
assault
weapons
stan
rev
prior
term
assault
weapon
exist
lexicon
firearms
political
term
developed
publicists
expand
category
assault
rifles
allow
attack
many
additional
firearms
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basis
undefined
evil
appearance
see
also
meese
majority
relies
justice
scalia
observation
crandon
never
thought
interpretation
charged
prosecuting
criminal
statutes
entitled
deference
justice
scalia
commenting
attorney
general
overly
broad
interpretation
federal
statute
deference
said
turn
normal
construction
criminal
statutes
replacing
doctrine
lenity
doctrine
severity
nebraska
attorney
general
adopted
narrow
view
criminal
statute
one
comports
rule
lenity
mention
statute
plain
meaning
read
majority
opinion
concede
implicitly
state
legitimate
interest
banning
dehumanizing
procedure
threshold
question
casey
whether
abortion
regulation
serves
legitimate
state
interest
statute
serves
legitimate
state
interest
necessary
consider
whether
regulation
imposes
substantial
obstacle
women
seeking
abortion
ibid
fact
majority
considers
whether
nebraska
statute
creates
substantial
obstacle
suggests
members
majority
justice
stevens
justice
ginsburg
rejected
respondent
threshold
argument
statute
serves
legitimate
state
purpose
justice
ginsburg
seems
suggest
even
nebraska
statute
impose
undue
burden
women
seeking
abortions
statute
unconstitutional
purpose
imposing
undue
burden
justice
ginsburg
view
apparently
presume
unconstitutional
purpose
regulation
designed
save
fetus
destruction
protect
health
pregnant
women
must
therefore
designed
chip
away
roe
ante
strange
claim
make
respect
legislation
enacted
individual
enacted
nebraska
vote
nebraska
legislative
journal
sess
moreover
support
assertion
nebraska
legislature
acted
unconstitutional
purpose
justice
ginsburg
apparently
unable
muster
single
shred
evidence
nebraska
legislation
enacted
prevent
women
obtaining
abortions
purpose
entirely
ineffective
let
alone
kind
persuasive
proof
require
concluding
legislature
acted
unconstitutional
intent
fact
far
tell
justice
ginsburg
views
regarding
motives
nebraska
legislature
derive
views
dissenting
appeals
judge
discussing
motives
legislators
justice
ginsburg
presumption
addition
squarely
inconsistent
casey
stated
may
enact
legislation
express
profound
respect
life
unborn
per
curiam
stated
ven
assuming
legislative
purpose
interfere
constitutionally
protected
right
abortion
without
effect
interfering
right
render
montana
law
invalid
basis
finding
vitiating
legislative
purpose
assume
unconstitutional
legislative
intent
even
statutes
produce
harmful
results
see
washington
davis
much
less
assume
results
harmless
emphases
original
discuss
question
casey
whether
ban
partial
birth
abortion
without
health
exception
imposes
undue
burden
woman
seeking
abortion
meaning
creates
substantial
obstacle
woman
assume
discuss
health
risks
respect
undue
burden
instead
suggests
health
risks
relevant
necessity
health
exception
marginal
increase
safety
risk
women
clearly
undue
burden
within
meaning
casey
bottom
majority
using
health
exception
language
water
casey
standard
majority
conclusion
health
exceptions
required
whenever
support
use
procedure
particularly
troubling
majority
indicate
whether
exception
physical
health
required
whether
exception
account
factors
physical
emotional
psychological
familial
woman
age
relevant
well
patient
doe
bolton
see
also
voinovich
women
medical
professional
thomas
joined
rehnquist
scalia
dissenting
denial
certiorari
use
procedure
may
increase
risk
complications
including
cervical
incompetence
requires
greater
dilation
cervix
forms
abortion
see
epner
jonas
seckinger
abortion
jama
physicians
also
suggested
procedure
may
pose
greater
risk
infection
see
planned
parenthood
doyle
supp
wd
see
also
sprang
neerhof
rationale
banning
abortions
late
pregnancy
jama
intact
poses
serious
medical
risks
mother
nebraska
entitled
rely
testimony
evidence
presented
congress
state
legislatures
cf
erie
pap
slip
renton
playtime
theatres
numerous
points
legislative
debates
various
members
nebraska
legislature
made
clear
body
aware
relying
evidence
congress
legislative
bodies
see
app
nos
pp