Gonzales v. Carhart: A New Paradigm for Abortion Legislation

Christopher Mirakian, 77 UMKC L. Rev. 197 (2008)

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The most recent chapter in the history of the abortion debate was written on April 18, 2007, when the Supreme Court decided Gonzales v. Carhart (“Carhart II”). The Court decided the issue of whether the Partial-Birth Abortion Ban Act of 2003 was facially invalid in light of the Constitution and previous Supreme Court precedent. In reaching its ultimate conclusion that the Act was in fact constitutional, the Court employed a rationale that will guide legislators in their quest to more readily and freely introduce legislation regulating abortion at both the state and federal levels. While Carhart II resolves many issues, its main import is likely to be its erosion of constitutional resistance to abortion regulation in the United States. While the future of regulation in the area of abortion jurisprudence remains uncertain, bright guideposts have been erected, and legislatures nationwide are preparing for what will undoubtedly be a new era of abortion regulation in the United States.

To better understand and appreciate the current state of the legal landscape surrounding abortion, one must understand the origins of the debate, the transitions of the debate, and the Supreme Court precedents that have provided parameters within which the debate has taken place. Consequently, this Comment will begin by guiding the reader through a brief history of the ancient origins of the abortion conundrum. Transitioning from the ancient history to the modern era, in Part II, the Comment will analyze the most influential and noteworthy Supreme Court cases in the area of abortion regulation. After addressing pertinent Supreme Court precedent, Part III will analyze Carhart II, and contemplate its implications for future abortion regulation. Finally, in Parts IV and V, this Comment will attempt to give the reader a better understanding of what the future landscape of abortion regulation legislation may look like by offering an idea of what types of legislation may or may not pass constitutional muster. Ultimately, however, the goal of this Comment is to better illustrate the current state of abortion regulation in the United States and how the state of the law may transform over the course of the next generation.

NOTE: A LIFE IS A LIFE IS A LIFE, NO MATTER THE LOCATION. LET'S KEEP WORKING TO SAVE BABIES AND HELP MOTHERS ONE AT A TIME UNTIL THE LORD TAKES US HOME.