Gonzales v. Carhart: Amicus brief of former federal prosecutors


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Nebraska - 2006

Amici are former federal prosecutors who have an interest in the effective functioning of the criminal justice system. Amici are concerned that the unconstitutionally broad scope and vagueness of the Federal Partial-Birth Abortion Ban Act of 2003 threatens the criminal justice system by undermining the public’s faith in the fairness of the system and the impartiality of prosecutors. Further, Amici are concerned that the Federal Abortion Ban puts prosecutors in the untenable position of prosecuting a law that directly conflicts with their traditional role to protect public health and safety, particularly where the medical profession disagrees on the necessity for certain procedures and the Ban was enacted in a highly-charged political environment. For these reasons, as explained further below, Amici urge the Court to affirm the decisions below.