Planned Parenthood of Central New Jersey v. Farmer

OPINION OF THE COURT

BARRY, Circuit Judge.

The majority opinion which follows was in final form before the Supreme Court of the United States heard argument in the appeal of Carhart v. Stenberg, 192 F.3d 1142 (8th Cir.1999). The Supreme Court has now issued its opinion in that case, finding Nebraska’s “partial birth abortion” statute — a statute nearly identical to the one before this Court — unconstitutional. See Stenberg v. Carhart, — U.S. -, 120 S.Ct. 2597, 147 L.Ed.2d 743 (2000). Because nothing in that opinion is at odds with this Court’s opinion; because, in many respects, that opinion…