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The Significance of Stenberg v. Carhart

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Essay / Research Paper Abstract

This 15 page paper examines this significant case. Roe along with other relevant cases like Planned Parenthood of Southeastern Pa. v. Casey are discussed. The future of partial birth abortion is included along with a definition of the procedure. Bibliography lists 9 sources.

Page Count:

15 pages (~225 words per page)

File: RG13_SA928svc.rtf

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Unformatted sample text from the term paper:

supported abortion rights in general claimed that the laws were unconstitutional and they used the case of Planned Parenthood v. Casey to support their views (Greenburg 178). This was a time when abortion was legal in general due to Roe, but the idea that a baby that is almost fully formed and could live on its own would be killed was unconscionable to some. Yes, a woman has a right to abortion, but does a woman have a right to abort a baby that is full term or almost full term? There is a 2003 law that bans partial birth abortion. Stenberg is a case that took place in 2000, prior to the passage of the Act. Later, a Supreme Court case would challenge the Act, but in the end, the act would be upheld. Still, between 2000 and 2003 Stenberg ruled and it continues to have implications about the procedure. The Court at the time saw that laws prohibiting physicians from performing partial birth abortion were unconstitutional because they limited a womans right to choose. While the issue of partial birth abortion lingers, Stenberg continues to be a relevant ruling in this controversial issue. II. Partial Birth Abortion The case at hand concerns partial birth abortion. Abortion-though guaranteed as a right by the Constitution-is something that is still state regulated as are all medical procedures and regulations. The law in Nebraska pertaining to this case prohibits partial birth abortion unless the procedure is necessary in order to save the life of the mother ("Stenberg v. Carhart"). That is, if there is a choice between saving the mothers life, or the babys, partial birth abortion is acceptable. Nebraska defines the procedure as follows: "the doctor partially delivers vaginally a living unborn child before killing the . ...

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