Stenberg v. Carhart: 8th Circuit Court of Appeals Decision

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 attorneys, appeals the portion of the judgment awarding attorney’s fees against him. For the following reasons, we affirm the judgment of the District Court.