Gonzales v. Carhart

The Partial-Birth Abortion Ban Act was approved by George Dubya Bush on November 5, 2003 and was challenged soon after. The ban was on intact D&E (Dilation and Evacuation), which is a second trimester abortion procedure. In Regular D&E the doctor dilates the cervix and then inserts surgical instruments into the uterus and maneuvers them to grab the fetus and pull it back through the cervix and vagina (partially quoted from Findlaw). The fetus is ripped apart before coming out. Intact D&E is very similar, but the fetus does not get ripped up. To allow the fetus to come out intact the doctor must smash its head in.

The ban was upheld on April 18th, 2007 since there was a "lack of proof that the act was unconstitutional". It was 5-4 decision; Justice Kennedy leading the Opinion with Roberts, Scalia, Thomas and Alito joining. Ginsburg Dissented, joined by Stevens, Souter and Breyer.

Findlaw
Wikipedia

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