In a narrow 5-4 ruling, the U.S. Supreme Court on June 28, 2000 struck down a Nebraska law outlawing partial birth abortions. The ruling declared the law unconstitutional because it failed to include an exception protecting the health of the woman and because it was too vague, possibly undermining a woman's right to abort a non-viable fetus.

The action came as Congress was considering a similar ban on the procedure. On April 5, 2000, by a vote of 287-141, the House passed legislation (H.R. 3660) that would ban partial birth abortions. The Senate passed similar, but not identical, legislation in 1999, but not by enough to override a threatened veto from President Clinton. Clinton vetoed similar bills in 1997 and 1996. No further action was taken on the bill before the end of the 2000 session of Congress. With a new president, the issue may reemerge in 2001, but supporters will need to devise language that complies with the June Supreme Court ruling.

The Supreme Court, in related action, also ruled in a 6-3 decision that same day that states can restrict demonstrations taking place outside of health clinics. (6/28/01)