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· 7/22/2015

MKB Management Corp. v. Wayne Stenehjem

Citations

  • 795 F.3d 768
  • 2015 WL 4460405

How courts have described this case

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

  • holding that state’s declaration does not create a genuine dispute as to when viability occurs because the declarant’s definition of viability differs from the Supreme Court’s definition
  • finding that a heartbeat ban is unconstitutional because courts “are bound by Supreme Court precedent holding that states may not prohibit pre-viability abortions”
  • finding that a heartbeat ban is unconstitutional because courts “are bound by Supreme Court precedent holding that states may not prohibit pre-viability abortions”
  • granting complete injunction against 6-week ban even though the plaintiff clinic stopped performing abortions at 16 weeks
  • affirming a grant of summary judgment because a 6-week ban “generally prohibits abortions before viability”
  • striking down North Dakota's fetal heartbeat law, which banned abortion at the moment a heartbeat was detected; noting problems with the continued use of the viability standard

Source: CourtListener parenthetical corpus (CC0).

Judges: Smith, Benton, Shepherd

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.