Does this decision overturn Stenberg v. Carhart, a nearly identical case decided only seven years prior?
Notwithstanding the Court’s claim that it merely followed precedent in this case, the Court’s ruling in Carhart II stands in stark contrast to one it made only seven years prior in a nearly identical case, Stenberg v. Carhart (Carhart I). In Carhart I, the Court struck down a state ban on abortion methods and sent a strong message affirming that women’s health must remain paramount. Justice Sandra Day O’Connor played a pivotal role in Carhart I, providing the fifth vote to strike down the dangerous and far-reaching state ban. The Carhart II decision is the first abortion decision by the Court since Justice O’Connor’s retirement.
