Herbert Holmes, M.D. v. John Farmer, Jr.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a scienter requirement cannot save a statute criminalizing \partial- birth abortion\ where the definition of such a procedure is, in itself, vague
• holding state partial-birth abortion ban unconstitutionally vague, asserting that “the term ‘living human fetus’ adds little to the Act’s constitutional certainty because it does not draw the line at viability, as the Supreme Court has done”
• finding that these procedures have an “enhanced risk uterus from an increased number of passes of instruments into of morbidity and mortality to the woman due to the incidence the uterus; and, 3
• noting that delay is a relevant factor in considering whether to abstain
• rejecting state’s argument that scienter requirement specifying “deliberate[ ] and intentional ] delivery] into the vagina of a living fetus” cured unconstitutional vagueness
• relying on the fact that “plaintiffs received no assurances that [the challenged statute] would not be enforced against them”

Source: CourtListener parenthetical corpus (CC0).