Rhode Island Medical Society v. Whitehouse

Governor Lincoln Almond has appealed a district court judgment, permanently enjoining enforcement of Rhode Island’s ban on partial birth abortions, R.I. Gen. Laws § 23-4.12 (“the Act”). See Rhode Island Med. Soc’y v. Whitehouse, 66 F.Supp.2d 288 (D.R.I.1999). We affirm.

Appellant does not contend that the Act differs in any significant way from the Nebraska statute at issue in Stenberg v. Carhart, 530 U.S. 914, 120 S.Ct. 2597, 147 L.Ed.2d 743 (2000). Nor does he contest the merits of the district court’s determination. Rather, he argues that, because appellees do not perform any post-viability…