Pro Life Research Paper
Before this ban passed with Congress, cases where medical providers and their clients were seeking to sue as it conflicted with the constitution like the Nebraska ban. Another case that opposed the federal Abortion Ban is Gonzales v. Carhart (2007) which shares the same issues as Gonzales v. Planned Parenthood (2007). After review of lower courts both cases has been reviewed by Supreme Court where the case where merged as one before a three judge panel. United States Court of Appeals for the Ninth Circuit ruled that the 2003 Act ban all abortions due to the lack of details of the different types of abortions as its unconstitutional as it can put the mother’s health at …show more content…
This act creates an undue burden on women as its consider a felon charge for doctors to preform a dilation and evacuation (“D&E”) abortions which is one of the most common and safer second-trimester abortions. This 2003 Ban Act forces doctors to go against their best medical judgement as it 's unconstitutionally vague and narrowly constructed.
Decision and Reasons In a 5 to 4 vote, the Ninth Circuit court came to a decision that the 2003 partial-birth abortion ban is was a violation of the constitution on its face. Since the ruling the law needs to take into account of necessary steps to protect pregnant women’s health. The reason behind this ruling due to the Act being too vague, put an burden on woman’s reproductive choice of a second-trimester abortion and lacked exception to health that came as a to Stenberg v Carhart