Gonzales v. Planned Parenthood Federation of America, Inc.
Issues
Given congressional findings that the techniques comprising partial-birth abortion would never be necessary to preserve the mother’s health, does the lack of such a health exception or any other facial flaw in the Partial-Birth Abortion Ban Act of 2003 render the ban unconstitutional?
The Fourteenth Amendment to the United States Constitution provides that no state shall “deprive any person of life, liberty, or property, without due process of law.” The Supreme Court has held that “liberty” encompasses a woman’s right to choose abortion. Although states may regulate abortion after the fetus has reached viability, they may only do so if their regulations provide an exception for procedures that are necessary to preserve the life or health of the mother. In 2000, the Court invalidated as unconstitutional a Nebraska ban on partial-birth abortions that lacked a health exception, based on district court evidence of the medical necessity of such a procedure. Congress subsequently determined that such a health exception was unnecessary, because the procedures used for partial-birth abortion, in Congress’s view, are never necessary to preserve the health or life of the mother. Congress then enacted the Partial-Birth Abortion Ban Act of 2003. In 2004, the Planned Parenthood Federation of America sued to have the Act declared unconstitutional and enjoined. The Supreme Court will now take up the constitutionality of the Act.
Questions as Framed for the Court by the Parties
Whether, notwithstanding Congress's determination that a health exception was unnecessary to preserve the health of the mother, the Partial-Birth Abortion Ban Act of 2003 is invalid because it lacks a health exception or is otherwise unconstitutional on its face.
In 2003, Congress enacted the Partial-Birth Abortion Ban Act (“Ban”), which defined “partial-birth abortion” as “deliberately and intentionally vaginally deliver[ing] a living fetus . . . for the purpose of performing an overt act that the person knows will kill the partially delivered living fetus; and perform[ing] the overt act, other than completion of delivery, that kills the partially delivered living fetus.” 18 U.S.C.