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Doe v. Bolton
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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).
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 now describes herself as pro-life.[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 The plaintiff appealed to the Supreme Court under a statute, since repealed, permitting bypass of the circuit appeals court.
The oral arguments and re-arguments followed the same schedule as those in Roe. Atlanta attorney Margie Pitts 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.
The decision stated: "...the medical judgment maybe exercised in the light of all factors - physical, emotional, psychological, familial, and the woman's age - relevant to the well-being of the patient. All these factors may relate to health. This allows the attending physician the room he needs...," implying that the "health" exception was not just for physical health, and could therefore be used to allow abortion for any reason at any stage of pregnancy.
On October 10, 2006, the Supreme Court declined to hear Cano's suit to overturn the ruling.[2]
- Roe v. Wade
- Sex-related court cases
- Canadian Supreme Court case of R. v. Morgentaler finding Canada's abortion law unconstitutional
- German Federal Constitutional Court abortion decision