Tuesday, May 21, 2013

Gonzales v. Carhart

Background

In 2003 the Partial-Birth Abortion Ban  Act was signed, passed, and enforced. The bill would deem would ban any partial birth abortions which was defined as an abortion where the fetus died while “the entire fetal head [...] or [...] any part of the fetal trunk past the navel is outside the body of the mother.

Issues
Does banning late term abortions cause an “undue burden” and therefore should be unconstitutional?

Decision
No, banning late term abortions is not unconstitutional.
Majority: Roberts, Scalia, Kennedy, Thomas, Alito
Dissenting: Stevens, Souter, Ginsburg, Breyer

My Opinion
I agree with the justices’ decision. This bill does not cause “undue burden” upon a women seeking an abortion. It does not violate the privacy of a women due to the ability to have gotten an abortion earlier in the pregnancy, and is therefore constitutional.

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