help understanding Stenberg v. Carhart?
can someone please explain it to me and how it effected the Roe vs Wade rulings??
- 1 decade agoFavorite Answer
It affected Roe v. Wade by affirming the essential holding of Roe as modified by Planned Parenthood v. Casey. That women have the right to choose, but such a right may be regulated by our government. Carhart (Gonzales v. Carhart) banned a particular form of abortion: where the head of the fetus is crushed inside the birth canal and the brain sucked out with type of vacuum, also known as partial birth abortion. While this procedure was banned, a form of abortion where the fetus is extracted bit by bit from the womb remained legal. (extracting part of a head, arm or leg at a time) The greatest change from the ruling was the use of the term "unborn child" by Justice Kennedy. The unborn fetus had never been referred to as an unborn child.
These were the two consequences of Carhart: a ban on a particular form of abortion is Constitutional, and the unborn fetus being called an unborn child. These two developments were seen as a "defeat" for pro-choice, and a "victory" for pro-life and supporters for rights of the unborn.
If you read the opinion by Kennedy, he describes the form of abortion that was banned. It nearly made me throw up when we read it in law school.
Because Gonzales v. Carhart and Stenberg v. Carhart have the same name, the first is called Carhart and the second is called Stenberg.
Stenberg was overruled by Carhart.Source(s): Attorney