Doe v Bolton: Dissent

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SUPREME COURT OF THE UNITED STATES

No. 70-40

Mary Doe et al., Appellant
v.
Arthur K. Bolton, as Attorney General of the State of Georgia, et al.

On Appeal from United States District Court for the Northern District of Georgia.

[January 22, 1973]

MR. JUSTICE REHNQUIST, dissenting.

The holding in Roe v. Wide, ante, that state abortion laws can withstand constitutional scrutiny only if the States 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.


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Posted 9 Sep 2000.

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