Gonzales v. Carhart: Opinion of the Nebraska District Court


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Like giving birth to a child, when a woman ends her pregnancy during or after the second trimester, she confronts a serious problem. Her cervix will frequently be too small to allow the skull of the human fetus to pass through it. Although terminating a pregnancy in America is safer than childbirth, this “skull-is-too-large” difficulty makes the abortion of a human fetus, like the birth of a human baby, potentially very dangerous to both the life and health of the woman. Our elected representatives have decided that it is never necessary to use a specific surgical technique— “partial-birth abortion”—to deal with this concern during an abortion. On the contrary, they have banned the procedure.