17-year-old K.L. took on the country Peru for enabling officials to force her to carry a fatally-impaired fetus to term. When our client K.L. was seventeen years old, she found out that she was pregnant with an anencephalic fetus. Even though abortion is legal in Peru for therapeutic reasons, K.L. was illegally denied access to […]
The Center for Reproductive Rights brought this case on behalf of Nebraska abortion provider Dr. Leroy Carhart to challenge Nebraska’s method ban on abortion. That law was part of a wave of similar state bans passed in the early 1990s at the urging of abortion rights opponents, who invented the inflammatory term “partial-birth abortion” as […]
Nebraska The State of Nebraska appeals a District Court 3 decision holding a Nebraska statute banning “partial-birth abortion” unconstitutional. The District Court permanently enjoined enforcement of the statute and awarded attorney’s fees and costs to the plaintiff. The County Attorney, named in the lawsuit in his official capacity and as a representative of all county […]
The Petitioners are Don Stenberg, Attorney General of the State of Nebraska, Gina Dunning, Director of Regulation and Licensure of the Nebraska Department of Health and Human Services, and Charles Andrews, M.D., Chief Medical Officer of the State of Nebraska. An additional Appellant/ Defendant below was Mike Munch, Sarpy County Attorney.The Respondent is LeRoy H. […]
QUESTIONS PRESENTED1. Whether the Nebraska partial-birth abortion statute violates women’s right to privacy because it bans a broad range of abortion procedures, including the safest method of second-trimester abortion, without regard to fetal viability?2. Whether the court of appeals properly declined to narrow the scope of the Nebraska partial-birth abortion statute because doing so would […]
DON STENBERG, ATTORNEY GENERAL OF NEBRASKA, et al., PETITIONERS v. LEROY CARHARTNo. 99-830United States Supreme Court.Argued April 25, 2000Decided June 28, 2000 reproductiverights.org/wp-content/uploads/2018/08/062800NEdecision.pdf
Pursuant to this Court’s order dated June 12, 2008, Plaintiffs-Appellees Richmond Medical Center for Women and William G. Fitzhugh, M.D. (collectively, “Plaintiffs”) hereby respond to the petition for rehearing en banc filed by Defendants-Appellants Michael N. Herring and Wade A. Kizer (collectively, the “Commonwealth”). As set forth more fully below, the petition should be denied […]
PETITION FOR REHEARING AND REHEARING EN BANCVirginia – 2008Virginia Attorney General Robert F. McDonnell, on behalf of Michael N. Herring, in his official capacity as Commonwealth’s Attorney for the City of Richmond, and Wade A. Kizer, in his official capacity as Commonwealth‟s Attorney for Henrico County (collectively “Virginia”), and pursuant Fed. R. App. P. 35 […]
This case involves a facial challenge under the Fourteenth Amendment to a Virginia statute that attempts to criminalize “partial birth abortion,” which the statute terms “partial birth infanticide.” In a summary judgment order the district court declared the statute invalid for several reasons. We affirm because it lacks an exception to protect a woman’s health. […]
We reconsider the constitutionality of a Virginia statute that outlaws what is termed “partial birth infanticide.” Va.Code Ann. § 18.2-71.1 (the Virginia Act or the Act). Reconsideration is required in light of Gonzales v. Carhart (Carhart II), 550 U.S. —-, 127 S.Ct. 1610, 167 L.Ed.2d 480 (2007), which rejected a facial challenge to the federal […]