Carhart Will Challenge Partial-Birth Abortion Ban Once Signed

National   |   Steven Ertelt   |   Oct 6, 2003   |   9:00AM   |   WASHINGTON, DC

Carhart Will Challenge Partial-Birth Abortion Ban Once Signed

by Steven Ertelt Editor
October 6, 2003

Washington, DC ( — The Nebraska abortion practitioner whose name will forever be linked with the Supreme Court’s decision in 2000 to declare a ban on partial-birth abortions unconstitutional, says he will file suit to overturn the Congressional partial-birth abortion ban once President Bush signs it into law.

LeRoy Carhart, the Omaha-area abortionist who performs partial-birth abortions, says he’s is confident of his ability to overturn a Congressional ban.

"I think we’re ready," Carhart said last week.

Pro-life groups say Carhart is becoming the face of the gruesome abortion procedure.

"It comes as no surprise that LeRoy Carhart wants to continue in his position as the poster boy for partial-birth abortion," Julie Schmit-Albin, Executive Director of Nebraska Right to Life, told

"This is the same man who matter-of-factly described how he dismembers innocent babies in Federal District Court during the challenge to Nebraska’s partial-birth
abortion ban," Schmit-Albin added. "We will continue to pray for Carhart to have a change of heart and leave behind this grisly industry."

Carhart and his attorneys at the Center for Reproductive Rights, a pro-abortion law firm in New York, will immediately seek an injunction against the ban. He’s not alone as pro-abortion organizations have said they will do the same.

Priscilla Smith, the firm’s legal director, says the lawsuit will be a slam dunk because she believes the Supreme Court will overturn the law for the same reasons it rejected the Nebraska ban, despite changes made to the definition of partial-birth abortion and a list of research showing the abortion procedure is never medically necessary.

"It’s a hands-down winner" for Carhart, she said.

"We will challenge this unconstitutional ban the second it’s signed into law by President Bush," said Nancy Northup, the pro-abortion firm’s president, added.

Carhart claims the federal ban would prohibit almost every abortion he performs on women in their 12th to 18th week of pregnancy.