Legal Opinion

Eubanks v. Stengel

District Court, W.D. Kentucky

Decided November 5, 1998No. CIV. A. 398CV383-HPublishedCited by 24 opinions

1Opinion of the Court

MEMORANDUM OPINION

HEYBURN, District Judge.

The Court is called upon to determine whether the Kentucky “Partial Birth Abortion Act,” Ky. Rev. Stat. § 311.720, et seq. (the “Act”) is valid and enforceable under the United States Constitution. Three physicians challenge the Act as unconstitutional because they say it prohibits almost every type of abortion procedure. 1 Defendants counter that the legislature meant to ban only one procedure — the partial birth abortion — which has become a prominent political and moral symbol in the continuing fight over abortion rights and the right to life. The…

2Cases cited32 opinions

  1. Roe v. WadeSupreme Court of the United States · 1973
  2. United States v. SalernoSupreme Court of the United States · 1987
  3. Grayned v. City of RockfordSupreme Court of the United States · 1972
  4. Grayned v. City of RockfordSupreme Court of the United States · 1972
  5. Hoffman Estates v. Flipside, Hoffman Estates, Inc.Supreme Court of the United States · 1982

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3Cited by24 opinions

  1. Stenberg v. CarhartSupreme Court of the United States · 2000
  2. Northwestern Memorial Hospital v. John Ashcroft, Attorney General of the United StatesCourt of Appeals for the Seventh Circuit · 2004
  3. Herbert Holmes, M.D. v. John Farmer, Jr.Court of Appeals for the Third Circuit · 2000
  4. Planned Parenthood of Central New Jersey v. VernieroDistrict Court, D. New Jersey · 1998
  5. Causeway Medical Suite v. FosterDistrict Court, E.D. Louisiana · 1999

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