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Doe v. Bolton, 410 U.S. 179 (1973), was a landmark decision of the United States Supreme Court overturning the abortion law of Georgia. The Supreme Court's decision was released on January 22, 1973, the same day as the decision in the more well-known case of Roe v. Wade, 410 U.S. 113 (1973). International status of abortion law Legal on demand Legal for rape, maternal life, health, mental health, socioecomic factors, and/or fetal defects Legal for or illegal with exception for rape, maternal life, health, fetal defects, and/or mental health Illegal with exception for rape, maternal life, health, and/or mental...
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The history of abortion law dates back to ancient times and has impacted men and women in a variety of ways in different times and places. ...
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Governments sometimes take measures designed to afford legal protection of access to abortion. ...
Conscience clauses are clauses in laws in some parts of the United States which permit pharmacists, physicians, and other providers of health care not to provide certain medical services for reasons of religion or conscience. ...
Informed consent is a legal condition whereby a person can be said to have given consent based upon an appreciation and understanding of the facts and implications of an action. ...
The term fetal rights can refer either to legal rights accorded to fetuses or to the moral rights that some people ascribe to them. ...
Many jurisdictions have laws applying to minors and abortion. ...
The paternal rights and abortion issue is an extension of both the abortion debate and the fathers rights movement. ...
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1973 (MCMLXXIII) was a common year starting on Monday. ...
A landmark decision is the outcome of a legal case (often thus referred to as a landmark case) that establishes a precedent that either substantially changes the interpretation of the law or that simply establishes new case law on a particular issue. ...
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January 22 is the 22nd day of the year in the Gregorian calendar. ...
1973 (MCMLXXIII) was a common year starting on Monday. ...
Holding Texas law making it a crime to assist a woman to get an abortion violated her due process rights. ...
History of case during the 1970s The Georgia law in question permitted abortion only in cases of rape, severe fetal deformity, or the possibility of severe or fatal injury to the mother. Other restrictions included the requirement that the procedure be approved in writing by three physicians and by a special committee of the staff of the hospital where the abortion was to be performed. In addition, only Georgia residents could receive abortions under this statutory scheme: non-residents could not have an abortion in Georgia under any circumstances.
The plaintiff, a pregnant woman who was given the pseudonym "Mary Doe" in court papers to protect her identity, sued Arthur K. Bolton, then the Attorney General of Georgia, as the official responsible for enforcing the law. The anonymous plaintiff has since been identified as Sandra Cano, a 22-year-old mother of three who was nine weeks pregnant at the time the lawsuit was filed. Cano describes herself as pro-life and claims her attorney, Margie Pitts Hames, lied to her in order to have a plaintiff.[1]
A three-judge panel of the United States district court declared the conditional restrictions portion of the law unconstitutional, but upheld the medical approval and residency requirements, and refused to issue an injunction against enforcement of the law. The plaintiff appealed to the Supreme Court under a statute, since repealed, permitting bypass of the circuit appeals court. Map of the boundaries of the United States Courts of Appeals and United States District Courts The United States district courts are the general trial courts of the United States federal court system. ...
The oral arguments and re-arguments followed the same schedule as those in Roe. Atlanta attorney Hames represented Doe at the hearings, while Georgia assistant attorney general Dorothy Toth Beasley represented Bolton.
The same 7-2 majority (Justices White and Rehnquist dissenting) that struck down a Texas abortion law in Roe v. Wade, invalidated most of the remaining restrictions of the Georgia abortion law, including the medical approval and residency requirements. Together, Doe and Roe recognized abortion as a constitutional right and by implication overturned most laws against abortion in other US states. Byron Raymond White (June 8, 1916 – April 15, 2002) won fame both as a football running back and as an associate justice of the Supreme Court of the United States. ...
William Hubbs Rehnquist (October 1, 1924 – September 3, 2005) was an American lawyer, jurist, and a political figure, who served as an Associate Justice on the Supreme Court of the United States and later as the Chief Justice of the United States. ...
Official language(s) No Official Language See languages of Texas Capital Austin Largest city Houston Area Ranked 2nd - Total 261,797 sq mi (678,051 km²) - Width 773 miles (1,244 km) - Length 790 miles (1,270 km) - % water 2. ...
Wikisource has original text related to this article: Constitution of the United States of America Page one of the original copy of the Constitution. ...
A U.S. state is any one of the 50 states which have membership of the federation known as the United States of America (USA or U.S.). The separate state governments and the U.S. federal government share sovereignty. ...
Broad definition of health The Court's opinion in Doe v. Bolton stated that a woman may obtain an abortion after viability, if necessary to protect her "health." The Court defined "health" broadly: Human fetus at eight weeks. ...
| “ | Whether, in the words of the Georgia statute, "an abortion is necessary" is a professional judgment that the Georgia physician will be called upon to make routinely. We agree with the District Court, 319 F. Supp., at 1058, that the medical judgment may be exercised in the light of all factors - physical, emotional, psychological, familial, and the woman's age - relevant to the wellbeing of the patient. All these factors may relate to health. | ” | This determination that abortion will be available all the way up until birth, for a wide variety of reasons, has proven to be controversial — "at least as controversial as its holding respecting the period prior to viability."[2]
Litigation 30 years later In 2003, Sandra Cano filed a motion to re-open the case.[3] The district court denied her motion, and she appealed. When the appeals court also denied her motion,[4] she requested review by the United States Supreme Court. However, the Supreme Court declined to hear Sandra Cano's suit to overturn the ruling.[5]
Footnotes - ^ White, Gayle. "Roe v. Wade Role Just a Page in Rocky Life Story", The Atlanta Journal and Constitution (2003-01-22).
- ^ Ely, John Hart."The Wages of Crying Wolf: A Comment on Roe v. Wade", The Yale Law Journal, Vol. 82, pages 920-949 (1973).
- ^ “'Mary Doe' of Doe v. Bolton Files Motion To Overturn Companion Case to Roe v. Wade”, Kaiser Daily Reproductive Health Report, (2003-08-27).
- ^ Cano v. Baker, 435 F.3d 1337 (11th Cir. 2006).
- ^ Mears, Bill. "Court won't rethink 'Mary Doe' abortion case", CNN (2006-10-10).
2003 (MMIII) was a common year starting on Wednesday of the Gregorian calendar. ...
January 22 is the 22nd day of the year in the Gregorian calendar. ...
1973 (MCMLXXIII) was a common year starting on Monday. ...
2003 (MMIII) was a common year starting on Wednesday of the Gregorian calendar. ...
August 27 is the 239th day of the year in the Gregorian calendar (240th in leap years), with 126 days remaining. ...
For the Manfred Mann album, see 2006 (album). ...
October 10 is the 283rd day of the year (284th in leap years). ...
See also Holding Texas law making it a crime to assist a woman to get an abortion violated her due process rights. ...
There have been a number of cases decided by the United States Supreme Court or by the courts of the various states regarding pornography, sexual activity and what consenting adults are allowed to do in the privacy of their homes (or sometimes, in other places). ...
Holding Section 251 of the Criminal Code violates a womans right to security of person under section 7 of the Canadian Charter of Rights and Freedoms and cannot be saved under section 1 of the Charter. ...
The German Supreme Court addressed the issue of abortion two years after Roe v. ...
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