Opinion

Doe v. Bolton

  • 410 U.S. 179
  • 93 S. Ct. 739
  • 35 L. Ed. 2d 201
  • 1973 U.S. LEXIS 112
Court
Supreme Court of the United States
Filed
Feb 26, 1973
Status
Published
Author
Rehnquist
On the bench
Blackmun, Burger, Douglas, Brennan, Stewart, Marshall, Powell, White, Rehnquist, Rehn-Quist
Cited by
1,167 cases

Abrogated on other grounds by Dobbs v. Jackson Women's Health Organization, 597 U.S. 215 (2022)

concluding that abortion providers “against whom [abortion regulations] directly operate” but who had not “been prosecuted, or threatened with prosecution, for violation of the State’s abortion statutes[,] ... should not be required to await and undergo a criminal prosecution as the sole means of seeking relief’ on their constitutional claims

How later courts described this case

  • concluding that abortion providers “against whom [abortion regulations] directly operate” but who had not “been prosecuted, or threatened with prosecution, for violation of the State’s abortion statutes[,] ... should not be required to await and undergo a criminal prosecution as the sole means of seeking relief’ on their constitutional claims
  • finding physicians challenging an abortion statute had standing to do so “despite the fact that the record does not disclose that any one of them has been prosecuted, or threatened with prosecution.... They should not be required to await and undergo a criminal prosecution as the sole means of seeking relief.”
  • holding that physicians, asserting the rights of their patients, have standing to challenge the constitutionality of a criminal abortion statute even though “the record does not disclose that any one of them has been prosecuted, or threatened with prosecution, for violation of the State’s abortion statutes”
  • concluding that the court “need not pass upon the status of these additional appellants in this suit, for the issues are sufficiently and adequately presented by Doe and the physician-appellants, and nothing is gained or lost by the presence or absence of the [others]”

Written by the judges who cited it.

Later courts went against this

  • Abrogated on other grounds by Dobbs v. Jackson Women's Health Organization, 597 U.S. 215 (2022)

    410 U.S. 179, 189 (1973), abrogated on other grounds by Dobbs v. Jackson Women’s Health Org., 597 U.S. 215
    Supreme Court of the United StatesJun 24, 20226 citing opinionsother groundsRead it

Distinguished

  • Distinguished by San Diego County Gun Rights Committee v. Reno, 98 F.3d 1121 (1996)

    In Rincon Band, we distinguished Bolton on two grounds.
    Court of Appeals for the Ninth CircuitOct 22, 1996Read it

The opinion

Mr. Justice Rehnquist,

dissenting.

The holding in Roe v. Wade, ante, p. 113, that state abortion laws can withstand constitutional scrutiny only if the State can demonstrate a compelling state interest, apparently compels the Court’s close scrutiny of the various provisions in Georgia’s abortion statute. Since, as indicated by my dissent in Wade, I view the compelling-state-interest standard as an inappropriate measure of the constitutionality of state abortion laws, I respectfully dissent from the majority’s holding.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.