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''Gonzales v. Carhart'', 550 U.S. 124 (2007), is a United States Supreme Court case that upheld the Partial-Birth Abortion Ban Act of 2003.〔(Partial-Birth Abortion Ban Act of 2003 (Enrolled as Agreed to or Passed by Both House and Senate) )〕 The case reached the high court after U.S. Attorney General Alberto Gonzales appealed a ruling of the United States Court of Appeals for the Eighth Circuit in favor of LeRoy Carhart that struck down the Partial-Birth Abortion Ban Act. Also before the Supreme Court was the consolidated appeal of ''Gonzales v. Planned Parenthood'' from the United States Court of Appeals for the Ninth Circuit, which had struck down the Partial-Birth Abortion Ban Act. The Supreme Court's decision upheld Congress's ban and held that it did not impose an undue burden on the due process right of women to obtain an abortion, "under precedents we here assume to be controlling,"〔''Gonzales v. Carhart'', (550 U.S. ____ (2007) ). Findlaw.com. Retrieved 2007-04-19.〕 such as the Court's prior decisions in ''Roe v. Wade'' and ''Planned Parenthood v. Casey.'' In a legal sense, the case distinguished but did not overrule ''Stenberg v. Carhart'' (2000), in which the Court dealt with related issues. However, ''Gonzales'' was widely interpreted as signaling a shift in Supreme Court jurisprudence toward a restriction of abortion rights, occasioned in part by the retirement of Sandra Day O'Connor and her replacement by Samuel Alito. The court found that there is "uncertainty (the medical community ) over whether the barred procedure is ever necessary to preserve a woman's health"; and in the past the court "has given state and federal legislatures wide discretion to pass legislation in areas where there is medical and scientific uncertainty."〔 ==History of case== The Partial-Birth Abortion Ban Act was signed into law by President Bush on November 5, 2003. It was found unconstitutional in the U.S. District Courts for the Northern District of California, the Southern District of New York, and the District of Nebraska.〔(''Planned Parenthood v. Ashcroft'', Order Granting Permanent Injunction, Findings of Fact and Conclusions of Law in Support Thereof ), United States District Court for the Northern District of California (June 1, 2004)〕〔(''National Abortion Federation v. Ashcroft'', Opinion and Order ), United States District Court for the Southern District of New York (August 26, 2004)〕〔(''Carhart v. Ashcroft'', Memorandum and Order ), United States District Court for the District of Nebraska (September 8, 2004)〕 The federal government appealed the district court rulings, first bringing ''Carhart v. Gonzales'' before a three-judge panel of the U.S. Court of Appeals for the Eighth Circuit. The panel unanimously affirmed the ruling of the Nebraska court on July 8, 2005. Finding that the government offered no "new evidence which would serve to distinguish this record from the record reviewed by the Supreme Court in ''Stenberg''," they held that the Partial-Birth Abortion Ban Act was unconstitutional because it lacked an exception for the health of the woman.〔(''Gonzales v. Carhart'' ), United States Court of Appeals for the Eighth Circuit (July 8, 2005)〕 Attorney General Gonzales petitioned the U.S. Supreme Court to review the Eighth Circuit decision on September 25, 2005. Meanwhile, the Ninth Circuit also found the law unconstitutional,〔(''Planned Parenthood Federation v. Gonzalez'' ), United States Court of Appeals for the Ninth Circuit (January 31, 2006)〕 as did the Second Circuit (with a dissent),〔(''National Abortion Federation v. Gonzalez'' ), United States Court of Appeals for the Second Circuit (January 31, 2006)〕 issuing their opinions on January 31, 2006. The Supreme Court agreed to hear the ''Carhart'' case on February 21, 2006,〔(Supreme Court Docket, ''Gonzales v. Carhart'' (No. 05-380) ), providing copies of briefs, courtesy of Findlaw.com.〕 and agreed to hear the companion ''Planned Parenthood'' case on June 19, 2006.〔(Supreme Court Docket, ''Gonzales v. Planned Parenthood'' (No. 05-1382) ), providing copies of briefs, courtesy of Findlaw.com.〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Gonzales v. Carhart」の詳細全文を読む スポンサード リンク
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