DISCLAIMER:  Any unofficial case summaries below are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

043379P.pdf   07/08/2005  LeRoy Carhart  v.  John Ashcroft
   U.S. Court of Appeals Case No:  04-3379
   District of Nebraska   
   [PUBLISHED] [Bye, Author, with Loken, Chief Judge, and Fagg, 
   Circuit Judge] 
   Civil case - Partial-Birth Abortion Ban Act of 2003. District court 
   order holding the Act is unconstitutional is affirmed; the proper standard 
   to be applied to determine whether the Act is facially unconstitutional is 
   the test announced in Stenberg v. Carhart, 530 U.S. 914 (2000); Stenberg 
   requires the inclusion of a health exception whenever substantial medical 
   authority supports the medical necessity of the prohibited procedure; 
   here, substantial medical authority supports the medical necessity of a 
   health exception to a ban on partial-birth abortion, and the district court 
   did not err in ruling the Act is unconstitutional because it fails to 
   provide a health exception.