Why Roe vs Wade has not been overturned?
Well look at this case: Gonzales v. Carhart In 2003, Congress passed the Partial-Birth Abortion Ban Act, which led to a lawsuit in the case of Gonzales v. Carhart. The Court had previously ruled in Stenberg v. Carhart that a state’s ban on partial birth abortion was unconstitutional because such a ban would not allow for the health of the mother. The membership of the Court changed after Stenberg, with John Roberts and Samuel Alito replacing Rehnquist and O’Connor, respectively. Further, the ban at issue in Gonzales v. Carhart was a federal statute, rather than a relatively vague state statute as in the Stenberg case. On April 18, 2007, the Supreme Court handed down a 5 to 4 decision upholding the constitutionality of the Partial-Birth Abortion Ban Act. Kennedy wrote for the five-justice majority that Congress was within its power to generally ban the procedure, although the Court left the door open for as-applied challenges. Kennedy’s opinion did not reach the question whether the Cou
