The National Abortion Federation supports advocacy efforts in various courts to preserve and expand access to abortion. Amicus, or friend of the court, briefs allow individuals and organizations with an interest in the outcome of litigation to explain their position on a case to a court. These briefs often provide different viewpoints or analyses from those the litigants present.
The United States Supreme Court heard arguments on November 8, 2006, in Gonzales v. Carhart and Gonzales v. Planned Parenthood (Carhart II) about the constitutionality of the federal abortion ban, passed by Congress and signed by the President in 2003. The sweeping ban prohibits abortions as early as 13 weeks in pregnancy, abortions that doctors say are safe and among the best to protect women's health. The law was immediately challenged in three lawsuits, including a lawsuit brought by NAF. Every court that has considered the ban has struck it down as unconstitutional. In 2000, the Supreme Court struck down a similar ban in Stenberg v. Carhart (Carhart I), and other courts around the country have struck down such laws finding that the bans prevent doctors from providing abortions as early as 13 weeks in pregnancy and that the bans endanger women's health. NAF opposed the federal abortion ban because it jeopardizes women's health and interferes with the ability of health care professionals to make appropriate medical decisions. Other medical organizations also opposed these bans.
Read NAF's amicus briefs on Gonzales v. Carhart (PDF file, 175K) and Gonzales v. Planned Parenthood (PDF file, 81K).
On November 30, 2005, the United States Supreme Court heard Ayotte v. Planned Parenthood of Northern New England. In this case, the standards supported by the Bush Administration would eliminate the requirement that abortion laws must include protections for women's health. These proposals would take the dangerous step of forbidding doctors from putting their patients' health first when a delay would create a risk of infertility, hemorrhaging, or organ damage. This law should be struck down because it dangerously singles out abortion, forcing doctors to deny women emergency medical care. Read NAF's amicus brief (PDF file, 1.3 MB.
Visit www.ayottevplannedparenthood.org for more information.
Also on November 30, the Court will hear NOW v. Scheidler. In this case, the Court will consider the use of federal racketeering laws to sue anti-abortion extremists. NOW v. Schiedler was originally filed in 1986. The issue on appeal is about whether certain conduct is sufficient to support an injunction. Read NAF's amicus brief (PDF file, 179K).
Brief of the American Civil Liberties Union, Center for Reproductive Rights, National Abortion Federation, NOW Legal Defense and Education Fund, and Planned Parenthood Federation of America. This brief urges the Fifth Circuit Court of Appeals to overturn a U.S. District Court decision from Texas that found the Freedom of Access to Clinic Entrances (FACE) Act unconstitutional. The case is scheduled for argument on November 30, 2004. Full text of the amicus brief (PDF file, 847K) and exhibits (PDF file, 3.3 MB)
Brief of the American College of Obstetricians and Gynecologists, American Medical Women's Association, National Abortion Federation, Physicians for Reproductive Choice and Health, and the American Nurses Association. This brief outlines why the medical community strongly opposes this type of legislation. The U.S. Supreme Court relied upon it in deciding that Nebraska's ban on safe abortion procedures was unconstitutional. Full text of the amicus brief (PDF file, 2.5 MB)
Brief of the National Abortion Federation in support of a petition seeking certiorari from the Supreme Court. This case involved the constitutionality of a South Carolina law allowing state officials to enter clinics and seize confidential medical records. NAF urged the Court to hear the case and overturn the Fourth Circuit Court of Appeals decision that upheld the law. The Court declined to hear the case, allowing the decision to stand. Full text of the amicus brief (PDF file, 194K)
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