Doe v. Bolton
|Doe v. Bolton|
|Argued December 13, 1971
Reargued October 11, 1972
Decided January 22, 1973
|Full case name||‘Mary Doe’
Arthur K. Bolton, Attorney General of Georgia, et al.
|Citations||410 U.S. 179 (more)|
|The three procedural conditions in 26-1202 (b) of Ga. Criminal Code violate the Fourteenth Amendment.|
|Majority||Blackmun, joined by Burger, Douglas, Brennan, Stewart, Marshall, Powell|
|Dissent||White, joined by Rehnquist|
Doe v. Bolton, 410 U.S. 179 (1973), was a 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 better-known case of Roe v. Wade, 410 U.S. 113 (1973).
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 in the United States District Court for the Northern District of Georgia. 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.
On October 14, 1970, a three-judge panel consisting of Northern District of Georgia Judges Sidney Oslin Smith Jr., Albert John Henderson and Fifth Circuit Court of Appeals Judge Lewis Render Morgan ruled unanimously that the conditional restrictions portion of the law is unconstitutional, though upheld the medical approval and residency requirements. The court also declined to issue an injunction against enforcement of the law, similarly to the district court in the case Roe v. Wade. The plaintiff appealed to the Supreme Court under a statute, since repealed, permitting bypass of the circuit appeals court.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 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 declared abortion as a constitutional right and by implication overturned most laws against abortion in other U.S. states.
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" as follows:
|“||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 well-being of the patient. All these factors may relate to health.||”|
Litigation 30 years later
In 2003, Sandra Cano filed a motion to re-open the case claiming that she had not been aware that the case had been filed on her behalf and that if she had known she would not have supported the litigation. The district court denied her motion, and she appealed. When the appeals court also denied her motion, she requested review by the United States Supreme Court. However, the Supreme Court declined to hear Sandra Cano's suit to overturn the ruling. Sandra Cano died on September 30, 2014.
- Canadian Supreme Court case of R. v. Morgentaler finding Canada's abortion law unconstitutional
- German Federal Constitutional Court abortion decision
- List of United States Supreme Court cases, volume 410
- White, Gayle. "Roe v. Wade Role Just a Page in Rocky Life Story", The Atlanta Journal and Constitution (2003-01-22).
- “'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).
- Cheryl Wetzstein, "Sandra Cano, the 'Mary Doe' of Landmark Abortion Case, Dies: Spent Her Life Fighting Abortion", Washington Times, Wednesday, October 1, 2014.
|Wikisource has original text related to this article:|
- Text of the decision from Findlaw
- Doe v. Bolton, 410 U.S. 179 (1973) from LII-Cornell Law School
- United States Senate Committee of the Judiciary Testimony of Sandra Cano