Legal Opinion
LeRoy Carhart v. John Ashcroft
Court of Appeals for the Eighth Circuit
Decided July 8, 2005No. 04-3379PublishedCited by 1 opinion
1Opinion of the Court
BYE, Circuit Judge.
This case presents a challenge to the federal Partial-Birth Abortion Ban Act of 2003, Pub.L. No. 108-105, 117 Stat. 1201 (codified at 18 U.S.C. § 1531). The day the President signed the Act into law, plaintiffs filed suit in the United States District Court for the District of Nebraska seeking an injunction against enforcement of the Act. After a trial, the district court 1 held the Act unconstitutional on several grounds. The government appeals. We affirm the judgment of the district court.
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In 2000, the Supreme Court handed down its decision in Stenberg v. Carhart, 530…
2Cases cited42 opinions
- New York Times Co. v. SullivanSupreme Court of the United States · 1964
- Ornelas v. United StatesSupreme Court of the United States · 1996
- Roe v. WadeSupreme Court of the United States · 1973
- United States v. SalernoSupreme Court of the United States · 1987
- Malloy v. HoganSupreme Court of the United States · 1964
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3Cited by1 opinion
- Carhart v. GonzalesCourt of Appeals for the Eighth Circuit · 2005