Leroy Carhart
Encyclopedia
LeRoy Harrison Carhart is an American
physician
from Nebraska
who became well known for his participation in the Supreme Court
cases Stenberg v. Carhart
and Gonzales v. Carhart
, both of which dealt with intact dilation and extraction
(colloquially known as partial birth abortion), a controversial abortion
procedure.
officer
. He is a graduate of Rutgers University
and a 1973 graduate of Hahnemann University School of Medicine (now Drexel University College of Medicine
).
On September 6, 1991, the day of the passage of the Nebraska Parental Notification Law, arson
ists allegedly targeted Carhart's farm, setting fire to his home and a 48-stall barn, along with two other buildings and numerous vehicles. The attack killed two family pets and 17 horses. The fire, which had started in seven different locations on Carhart's property, was never deemed arson and no one was prosecuted. Carhart stated that he received a note the morning after the fire claiming responsibility and likening the deaths of his animals to the "murder of children". At the time of the fire, abortions had been a small part of Carhart's surgical practice; afterwards, determined not to "cede a victory to the antis", Carhart began performing abortions full-time.
, Don Stenberg
, because a Nebraska law
banned a form of abortion
, dilation and extraction
(D&X), which involves partially delivering a fetus
from the uterus
and is referred to by critics as "partial-birth abortion." In Stenberg v. Carhart
the United States Supreme Court struck down the Nebraska law with Sandra Day O'Connor
providing the swing vote for the five-to-four decision because the law did not allow for the use of the procedure even when the mother's health would be put at greater risk by another abortion procedure.
Carhart later filed suit against U.S. Attorney General
Alberto Gonzales
seeking to strike down the 2003 Partial-Birth Abortion Ban Act
, a federal law
that is similar to the state law struck down in Stenberg, but while the Court did not officially reverse Stenberg, it upheld the federal ban as not imposing an undue burden on women, the test established in Planned Parenthood v. Casey
. O'Connor's successor, Samuel Alito
, sided with the four Justices who dissented in Stenberg, creating a five-to-four majority. In the Gonzales v. Carhart case, his attorney was Priscilla J. Smith
.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
physician
Physician
A physician is a health care provider who practices the profession of medicine, which is concerned with promoting, maintaining or restoring human health through the study, diagnosis, and treatment of disease, injury and other physical and mental impairments...
from Nebraska
Nebraska
Nebraska is a state on the Great Plains of the Midwestern United States. The state's capital is Lincoln and its largest city is Omaha, on the Missouri River....
who became well known for his participation in the Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
cases Stenberg v. Carhart
Stenberg v. Carhart
Stenberg v. Carhart, 530 U.S. 914 , is a case heard by the Supreme Court of the United States dealing with a Nebraska law which made performing partial-birth abortion illegal, except where necessary to save the life of the mother. Nebraska physicians who performed the procedure contrary to the law...
and Gonzales v. Carhart
Gonzales v. Carhart
Gonzales v. Carhart, 550 U.S. 124 , is a United States Supreme Court case that upheld the Partial-Birth Abortion Ban Act of 2003. The case reached the high court after U.S. Attorney General Alberto Gonzales appealed a ruling of the United States Court of Appeals for the Eighth Circuit in favor of...
, both of which dealt with intact dilation and extraction
Intact dilation and extraction
Intact dilation and extraction is a procedure done in late term abortion. It is also known as intact dilation and evacuation, dilation and extraction , intrauterine cranial decompression and, vernacularly in the United States, as partial birth abortion...
(colloquially known as partial birth abortion), a controversial abortion
Abortion
Abortion is defined as the termination of pregnancy by the removal or expulsion from the uterus of a fetus or embryo prior to viability. An abortion can occur spontaneously, in which case it is usually called a miscarriage, or it can be purposely induced...
procedure.
Biography
Carhart is a retired U.S. Air ForceUnited States Air Force
The United States Air Force is the aerial warfare service branch of the United States Armed Forces and one of the American uniformed services. Initially part of the United States Army, the USAF was formed as a separate branch of the military on September 18, 1947 under the National Security Act of...
officer
Officer (armed forces)
An officer is a member of an armed force or uniformed service who holds a position of authority. Commissioned officers derive authority directly from a sovereign power and, as such, hold a commission charging them with the duties and responsibilities of a specific office or position...
. He is a graduate of Rutgers University
Rutgers University
Rutgers, The State University of New Jersey , is the largest institution for higher education in New Jersey, United States. It was originally chartered as Queen's College in 1766. It is the eighth-oldest college in the United States and one of the nine Colonial colleges founded before the American...
and a 1973 graduate of Hahnemann University School of Medicine (now Drexel University College of Medicine
Drexel University College of Medicine
Drexel University College of Medicine is the medical school of Drexel University. The medical school has the nation's largest enrollment for a private medical school, and represents the consolidation of two medical schools: the nation's first medical school for women and the first U.S. college of...
).
On September 6, 1991, the day of the passage of the Nebraska Parental Notification Law, arson
Arson
Arson is the crime of intentionally or maliciously setting fire to structures or wildland areas. It may be distinguished from other causes such as spontaneous combustion and natural wildfires...
ists allegedly targeted Carhart's farm, setting fire to his home and a 48-stall barn, along with two other buildings and numerous vehicles. The attack killed two family pets and 17 horses. The fire, which had started in seven different locations on Carhart's property, was never deemed arson and no one was prosecuted. Carhart stated that he received a note the morning after the fire claiming responsibility and likening the deaths of his animals to the "murder of children". At the time of the fire, abortions had been a small part of Carhart's surgical practice; afterwards, determined not to "cede a victory to the antis", Carhart began performing abortions full-time.
Court cases
Carhart filed suit against the Nebraska Attorney GeneralNebraska Attorney General
The Nebraska Attorney General is the chief law enforcement officer and lawyer for the U.S. state of Nebraska.-List of Attorneys General:-Notes:Term began February 21, 1867.Joint Populist-Democratic ticket.Resigned....
, Don Stenberg
Don Stenberg
Don Stenberg is a Republican politician and attorney from Nebraska. He served as Attorney General of Nebraska from 1991 to 2003 and currently serves as State Treasurer of Nebraska to which he took office in 2011. He also served as legal counsel to Governor Charles Thone from 1979 to 1983.-Stenberg v...
, because a Nebraska law
State law
In the United States, state law is the law of each separate U.S. state, as passed by the state legislature and adjudicated by state courts. It exists in parallel, and sometimes in conflict with, United States federal law. These disputes are often resolved by the federal courts.-See also:*List of U.S...
banned a form of abortion
Abortion
Abortion is defined as the termination of pregnancy by the removal or expulsion from the uterus of a fetus or embryo prior to viability. An abortion can occur spontaneously, in which case it is usually called a miscarriage, or it can be purposely induced...
, dilation and extraction
Intact dilation and extraction
Intact dilation and extraction is a procedure done in late term abortion. It is also known as intact dilation and evacuation, dilation and extraction , intrauterine cranial decompression and, vernacularly in the United States, as partial birth abortion...
(D&X), which involves partially delivering a fetus
Fetus
A fetus is a developing mammal or other viviparous vertebrate after the embryonic stage and before birth.In humans, the fetal stage of prenatal development starts at the beginning of the 11th week in gestational age, which is the 9th week after fertilization.-Etymology and spelling variations:The...
from the uterus
Uterus
The uterus or womb is a major female hormone-responsive reproductive sex organ of most mammals including humans. One end, the cervix, opens into the vagina, while the other is connected to one or both fallopian tubes, depending on the species...
and is referred to by critics as "partial-birth abortion." In Stenberg v. Carhart
Stenberg v. Carhart
Stenberg v. Carhart, 530 U.S. 914 , is a case heard by the Supreme Court of the United States dealing with a Nebraska law which made performing partial-birth abortion illegal, except where necessary to save the life of the mother. Nebraska physicians who performed the procedure contrary to the law...
the United States Supreme Court struck down the Nebraska law with Sandra Day O'Connor
Sandra Day O'Connor
Sandra Day O'Connor is an American jurist who was the first female member of the Supreme Court of the United States. She served as an Associate Justice from 1981 until her retirement from the Court in 2006. O'Connor was appointed by President Ronald Reagan in 1981...
providing the swing vote for the five-to-four decision because the law did not allow for the use of the procedure even when the mother's health would be put at greater risk by another abortion procedure.
Carhart later filed suit against U.S. Attorney General
United States Attorney General
The United States Attorney General is the head of the United States Department of Justice concerned with legal affairs and is the chief law enforcement officer of the United States government. The attorney general is considered to be the chief lawyer of the U.S. government...
Alberto Gonzales
Alberto Gonzales
Alberto R. Gonzales was the 80th Attorney General of the United States. Gonzales was appointed to the post in February 2005 by President George W. Bush. Gonzales was the first Hispanic Attorney General in U.S. history and the highest-ranking Hispanic government official ever...
seeking to strike down the 2003 Partial-Birth Abortion Ban Act
Partial-Birth Abortion Ban Act
The Partial-Birth Abortion Ban Act of 2003 is a United States law prohibiting a form of late-term abortion that the Act calls "partial-birth abortion", often referred to in medical literature as intact dilation and extraction...
, a federal law
Federal law
Federal law is the body of law created by the federal government of a country. A federal government is formed when a group of political units, such as states or provinces join together in a federation, surrendering their individual sovereignty and many powers to the central government while...
that is similar to the state law struck down in Stenberg, but while the Court did not officially reverse Stenberg, it upheld the federal ban as not imposing an undue burden on women, the test established in Planned Parenthood v. Casey
Planned Parenthood v. Casey
Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S. 833 was a case decided by the Supreme Court of the United States in which the constitutionality of several Pennsylvania state regulations regarding abortion were challenged...
. O'Connor's successor, Samuel Alito
Samuel Alito
Samuel Anthony Alito, Jr. is an Associate Justice of the U.S. Supreme Court. He was nominated by President George W. Bush and has served on the court since January 31, 2006....
, sided with the four Justices who dissented in Stenberg, creating a five-to-four majority. In the Gonzales v. Carhart case, his attorney was Priscilla J. Smith
Priscilla J. Smith
Priscilla J. Smith is an American attorney known for her activism in the reproductive rights movement. She is currently employed as a Senior Fellow by The Yale Law School and was previously an attorney with the law firm Center For Reproductive Law & Policy .Smith gained fame for her role in the...
.