Nebraska – 2006
Whether this Court should overrule its decision in Stenberg v. Carhart, 530 U.S. 914 (2000), even though the evidence in this case more strongly establishes than it did in Stenberg that the Act will significantly endanger women’s health.
Whether this Court is required to defer to Congress’s definition of the scope of constitutional rights and accept its unreasonable determination that the Act does not endanger women’s health notwithstanding substantial medical authority to the contrary.
Whether the Act imposes an undue burden on women by allowing prosecutions of physicians who provide nonintact D&E procedures, the most common procedures used in the second trimester of pregnancy.
Whether the Act is void for vagueness because physicians performing D&E procedures, the most common second trimester abortion procedure, cannot be reasonably certain that their conduct is beyond the Act’s reach, nor assured that the Act will not be arbitrarily enforced.