Quote:
Originally posted by Replaced_Texan
Justice Bryer in Stenburg v. Carhart, 2000 regarding a Nebraska ban on partial birth abortions wrote the majority opinion:
The current litigation over the Partial Birth Abortion Act revolves around the "health of the mother" issue, and I've heard speculation that the provision was deliberately left out or weakened in order to ensure litigation.
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Thanks. It seems both those are overbreadth questions, but I guess that flows right into undue burden, because it's not narrowly tailored enough not to be an undue burden.
And, yes, Fringe, I inartfully drafted by question. You correctly understood it.
