Quote:
Originally posted by Mmmm, Burger (C.J.)
Question: has any court held that partial birth abortion is unconstitutional in itself? As opposed to a holding that the statutes are either vague or overbroad (or both)?
And didn't casey uphold a parental consent provision, with a judicial bypass? Why is more needed?
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I assume you mean has the outlawing of partial-birth abortion been held constitutional (or, conversely, that partial-birth abortion is protected by the constitution).
I don't think so. I think when the statutes have been struck down it is for vagueness/overbroadness, as you state.
