Eubanks v. Stengel, 224 F.3d 576

OPINION

PER CURIAM.

After reviewing the briefs and the record and having heard oral argument, we held this case in abeyance pending the decision by the United States Supreme Court in Stenberg v. Carhart, — U.S. -, 120 S.Ct. 2597, 147 L.Ed.2d 743 (2000). The appeal in Carhart involved a challenge to Nebraska’s partial birth abortion statute and presented issues very similar to those involved in this challenge to the Kentucky partial birth abortion statute.

After carefully reviewing the decision in Carhart we conclude that it is controlling in this case, and that the district court was correct when it held that the Kentucky statute is unconstitutional.

AFFIRMED.

Case Details

Case Name: Eubanks v. Stengel

Court Name: Court of Appeals for the Sixth Circuit

Date Published: Jul 31, 2000

Citations: 224 F.3d 576; 2000 WL 1050914; No. 98-6671

Docket Number: No. 98-6671

Court Abbreviation: 6th Cir.