Chambers told Peterson in the request the attorney general’s task of defending LB814 when it is challenged, as it “surely shall be if enacted into law,” would be virtually impossible.
Ban on certain second-trimester abortions stalls in Legislature
A syllabus or summary of the Carhart case, which is not part of the opinion but outlines the facts of the case, said the court ruled a Nebraska partial birth abortion law unconstitutional, as interpreted in Planned Parenthood v. Casey and Roe v. Wade.
It said the D&E procedure, and the potential need for instrumental dismemberment of the fetus or the collapse of fetal parts to facilitate evacuation from the uterus, is the most common procedure for second-trimester abortions. It defined second trimester as 12 to 24 weeks.
The Casey ruling said “appropriate medical judgment” must embody the judicial need to tolerate responsible differences of medical opinion.
Because all those who perform abortion procedures using the D&E method must fear prosecution, conviction and imprisonment, the Nebraska law imposes an undue burden upon a woman’s right to abortion, the summary said.
Abortion bill successfully pulled from committee to reach debate
Geist’s bill provides for criminal penalties for physicians who perform live D&E abortions, and mechanisms for civil lawsuits and injunctions.
Chambers has used the constitutional arguments as he has debated the bill.