Gonzales v. Carhart
United States Supreme Court
550 U.S. 124 (2007)
In November 2003, President Bush signed into law the Partial-Birth Abortion Ban Act (PBABA). The PBABA prohibited “intact dilation and evacuation” (Intact D&E), a particular manner of ending fetal life in the second trimester whereby a surgeon killed the fetus by dilating the mother’s cervix, piercing the fetus’s skull with scissors, and using suction to extract the fetus from the uterus. When Congress passed the PBABA in 2003, more than thirty states had laws prohibiting the procedure. Dr. Leroy Carhart (plaintiff), a physician that performed Intact D&E, brought suit in federal district court against Attorney General Alberto Gonzales (defendant) seeking to enjoin the PBABA from taking effect. Carhart argued that the PBABA was unconstitutionally overbroad and lacked a health exception for partial-birth abortions necessary to protect the health of the mother. The district court ruled for Carhart and held the PBABA unconstitutional. The court of appeals affirmed, and the United States Supreme Court granted certiorari.
Rule of Law
Holding and Reasoning (Kennedy, J.)
Concurrence (Thomas, J.)
Dissent (Ginsburg, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 171,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 13,800 briefs, keyed to 187 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.