TAILIEUCHUNG - Gale Encyclopedia Of American Law 3Rd Edition Volume 12 P48

Gale Encyclopedia of American Law Volume 12 P48 fully illuminates today's leading cases, major statutes, legal terms and concepts, notable persons involved with the law, important documents and more. Legal issues are fully discussed in easy-to-understand language, including such high-profile topics as the Americans with Disabilities Act, capital punishment, domestic violence, gay and lesbian rights, physician-assisted suicide and thousands more. | MILESTONES IN THE LAW ROE V. WADE 457 childless couple with the wife not pregnant and the licensed practicing physician all joining in the attack on the Texas criminal abortion statutes. Upon the filing of affidavits motions were made for dismissal and for summary judgment. The court held that Roe and members of her class and Dr. Hallford had standing to sue and presented justiciable controversies but that the Does had failed to allege facts sufficient to state a present controversy and did not have standing. It concluded that with respect to the requests for a declaratory judgment abstention was not warranted. on the merits the District Court held that the fundamental right of single women and married persons to choose whether to have children is protected by the Ninth Amendment through the Fourteenth Amendment and that the Texas criminal abortion statutes were void on their face because they were both unconstitutionally vague and constituted an overbroad infringement of the plaintiff s Ninth Amendment rights. The court then held that abstention was warranted with respect to the requests for an injunction. It therefore dismissed the Does complaint declared the abortion statutes void and dismissed the application for injunctive relief. 314 . 1217 1225 . The plaintiffs Roe and Doe and the intervenor Hallford pursuant to 28 . 1253 have appealed to this Court from the part of the District Court s judgment denying the injunction. The defendant District Attorney has purported to cross-appeal pursuant to the same statue from the court s grant of declaratory relief to Roe and Hallford. Both sides also have taken protective appeals for the Fifth Circuit. That court ordered the appeals held in abeyance pending decision here. We postponed decision on jurisdiction to the hearing on the merits. 402 . 941 91 . 1610 29 108 1971 . III It might have been preferable if the defendant pursuant to our Rule 20 had presented to us a petition for .

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