article thumbnail

Justice Breyer: A formidable defender of reproductive rights

SCOTUSBlog

In that case, Breyer led the majority in striking down a Nebraska criminal statute that made it unlawful to perform dilation-and-evacuation and similar abortion procedures even though the risks of mortality and morbidity to the pregnant person are significantly lower than induced-labor procedures. A close reading of Stenberg v.

article thumbnail

Stephen Breyer, pragmatic liberal, will retire at end of term

SCOTUSBlog

Breyer stressed that because the Nebraska law did not have any exception to protect the health of the mother, it was unconstitutional. But, he continued, there is no other way “to acquaint the reader with the technical distinctions among different abortion methods and related factual matters, upon which the outcome of this case depends.”.

Court 109