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

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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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