Legal Opinion

Carhart v. Stenberg

District Court, D. Nebraska

Decided July 2, 1998No. 4:97CV3205PublishedCited by 33 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

KOPF, District Judge.

Because the State of Nebraska has imposed an undue burden on Dr. Carhart and his patients by adopting and threatening to enforce a vague “partial-birth” abortion law, I shall declare the law unconstitutional as applied to Dr. Carhart and his patients. I will also permanently enjoin enforcement of Nebraska’s law against the doctor and his patients (and those who are similarly situated). However, I do not reach the question of whether the law is facially invalid. Pursuant to Federal Rule of Civil Procedure 52(a), my reasons for this decision are set…

2Cases cited21 opinions

  1. Roe v. WadeSupreme Court of the United States · 1973
  2. Planned Parenthood of Southeastern Pa. v. CaseySupreme Court of the United States · 1992
  3. Board of Trustees of State Univ. of NY v. FoxSupreme Court of the United States · 1989
  4. Planned Parenthood of Central Missouri v. DanforthSupreme Court of the United States · 1976
  5. Colautti v. FranklinSupreme Court of the United States · 1979

16 more not listed; retrieve them via the Exa API.

3Cited by33 opinions

  1. Planned Parenthood of Central New Jersey v. VernieroDistrict Court, D. New Jersey · 1998
  2. Causeway Medical Suite v. FosterDistrict Court, E.D. Louisiana · 1999
  3. Richmond Medical Center for Women v. GilmoreDistrict Court, E.D. Virginia · 1999
  4. Carhart v. AshcroftDistrict Court, D. Nebraska · 2004
  5. National Abortion Federation v. AshcroftDistrict Court, S.D. New York · 2004

28 more not listed; retrieve them via the Exa API.

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