Gonzales v. Carhart
http://dbpedia.org/resource/Gonzales_v._Carhart an entity of type: Thing
冈萨雷斯诉卡哈特案(Gonzales v. Carhart,550 U.S.(2007)),是近年美國聯邦最高法院對於婦女墮胎問題的重要案例,最高法院推翻下級法院見解,認為2003年經由美國總統小布希簽署的聯邦部份生產墮胎法(partial-birth abortion ban act)合憲。
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Gonzales v. Carhart, 550 U.S. 124 (2007), was a landmark decision of the U.S. Supreme Court that upheld the Partial-Birth Abortion Ban Act of 2003. The case reached the high court after U.S. Attorney General, Alberto Gonzales, appealed a ruling of the U.S. 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 U.S. Court of Appeals for the Ninth Circuit, which had struck down the Partial-Birth Abortion Ban Act.
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Gonzales v. Carhart
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冈萨雷斯诉卡哈特案
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Alberto R. Gonzales, Attorney General, Petitioner v. LeRoy Carhart, et al.; Alberto R. Gonzales, Attorney General, Petitioner v.Planned ParenthoodFederation of America, Inc., et al.
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Ginsburg
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Stevens, Souter, Breyer
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Roberts, Scalia, Thomas, Alito
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124
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550
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--11-08
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2006
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Gonzales v. Carhart,
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2007
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Alberto R. Gonzales, Attorney General, Petitioner v. LeRoy Carhart, et al.; Alberto R. Gonzales, Attorney General, Petitioner v. Planned Parenthood Federation of America, Inc., et al.
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The Partial-Birth Abortion Ban Act of 2003 is constitutional. Respondents have not demonstrated that the Act, as a facial matter, is void for vagueness, or that it imposes an undue burden on a woman's right to abortion based on its overbreadth or lack of a health exception. The decisions of the Courts of Appeals for the Eighth and Ninth Circuits reversed.
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Gonzales v. Carhart
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Kennedy
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Supreme Court
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Gonzales v. Carhart, 550 U.S. 124 (2007), was a landmark decision of the U.S. Supreme Court that upheld the Partial-Birth Abortion Ban Act of 2003. The case reached the high court after U.S. Attorney General, Alberto Gonzales, appealed a ruling of the U.S. 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 U.S. 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", 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. 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 [in 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."
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冈萨雷斯诉卡哈特案(Gonzales v. Carhart,550 U.S.(2007)),是近年美國聯邦最高法院對於婦女墮胎問題的重要案例,最高法院推翻下級法院見解,認為2003年經由美國總統小布希簽署的聯邦部份生產墮胎法(partial-birth abortion ban act)合憲。
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Thomas
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Scalia
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21825