HLI: Gonzales vs. Carhart and Partial-Birth Abortion Revealed, by Adolfo J. Castañeda

By Adolfo J. Castañeda, Human Life International, August 27th, 2020

Gonzales vs. Carhart Upholds Congressional Ban on Partial-Birth Abortions

On April 23, 2007, the Supreme Court of the United States issued an important decision in the case called Gonzales vs. Carhart, in which the Court upheld a ban of the gruesome “partial-birth abortion” procedure. The ban, approved by Congress, was called the Partial-Birth Ban Act and was signed into a federal law by President George W. Bush on November 5, 2003. In medical terms, this abortion method is known as “Dilation and Extraction” (D&X). It is a late abortion procedure because it is committed during the second and third trimesters of pregnancy.¹

The Path of Gonzales vs. Carhart to the Supreme Court

In 2004, three district courts found the Partial-Birth Abortion Ban unconstitutional.

U.S. Attorney General Alberto Gonzales, acting on behalf of the federal government, appealed the three district court rulings. First, Gonzales appealed a ruling of the United States Court of Appeals in favor of late-term abortionist LeRoy Carhart. But on July 8, 2005, the panel of three judges unanimously upheld the decision made by the District Court. The judges held that the Partial-Birth Abortion Ban Act was unconstitutional because it lacked an exception for the health of the woman.  …

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