doe bolton argued december decided january georgia law proscribes abortion except performed duly licensed georgia physician necessary best clinical judgment continued pregnancy endanger pregnant woman life injure health fetus likely born serious defect pregnancy resulted rape criminal code addition requirement patient georgia resident certain requirements statutory scheme poses three procedural conditions abortion performed hospital accredited joint commission accreditation hospitals jcah procedure approved hospital staff abortion committee performing physician judgment confirmed independent examinations patient two licensed physicians appellant doe indigent married georgia citizen denied abortion eight weeks pregnancy failure meet conditions sought declaratory injunctive relief contending georgia laws unconstitutional others joining complaint included physicians claimed georgia statutes chilled deterred practices registered nurses clergymen social workers though holding plaintiffs standing district ruled doe presented justiciable controversy doe case gave declaratory injunctive relief invalidating infringement privacy personal liberty limitation three situations specified certain provisions holding state interest health protection existence potential independent human existence justified regulation manner performance well quality final decision abort appellants claiming entitlement broader relief directly appealed held doe case presents live justiciable controversy standing sue roe wade ante unlike physician wade charged abortion violations therefore unnecessary resolve issue appellants standing pp woman constitutional right abortion absolute roe wade supra requirement physician decision perform abortion must rest upon best clinical judgment necessity unconstitutionally vague since judgment may made light attendant circumstances vuitch pp three procedural conditions violate fourteenth amendment pp requirement invalid since state shown hospitals let alone jcah accreditation meet interest fully protecting patient hospital requirement failing exclude first trimester pregnancy invalid ground alone see roe wade supra pp interposition hospital committee abortion procedure applicable matter state criminal law surgical situations unduly restrictive patient rights already safeguarded personal physician pp required acquiescence two copractitioners also rational connection patient needs unduly infringes physician right practice pp georgia residence requirement violates privileges immunities clause denying protection persons enter georgia medical services appellants equal protection argument centering three procedural conditions invalidated grounds without merit pp ruling made question injunctive relief cf roe wade supra blackmun delivered opinion burger douglas brennan stewart marshall powell joined burger post douglas post filed concurring opinions white filed dissenting opinion rehnquist joined post rehnquist filed dissenting opinion post margie pitts hames reargued cause appellants briefs reber boult charles morgan elizabeth roediger rindskopf tobiane schwartz dorothy beasley reargued cause appellees brief arthur bolton attorney general georgia harold hill executive assistant attorney general courtney wilder stanton assistant attorney general joel feldman henry bowden ralph witt briefs amici curiae filed roy lucas american college obstetricians gynecologists et al dennis horan jerome frazel thomas crisham delores horan certain physicians professors fellows american college obstetrics gynecology harriet pilpel nancy wechsler frederic nathan planned parenthood federation america et al alan charles national legal program health problems poor et al marttie thompson state communities aid assn alfred scanlan martin flynn robert byrn national right life committee helen buttenwieser american ethical union et al norma zarky american association university women et al nancy stearns new women lawyers et al california committee legalize abortion et al robert dunne robert sassone ferdinand buckley pro se justice blackmun delivered opinion appeal criminal abortion statutes recently enacted georgia challenged constitutional grounds statutes state criminal code formulated georgia laws session pp roe wade ante today struck constitutionally defective texas criminal abortion statutes representative provisions long effect majority georgia legislation however different merits separate consideration statutes question reproduced appendix post appellants acknowledge statutes patterned upon american law institute model penal code proposed official draft reproduced appendix post ali proposal served model recent legislation approximately new georgia provisions replaced statutory law effect years georgia laws predecessor statute paralleled texas legislation considered roe wade supra made abortions criminal except necessary preserve life pregnant woman new statutes tested constitutional grounds georgia state courts section referenced exception makes abortion crime provides person convicted crime shall punished imprisonment less one years section exception removes definition criminal abortion thus makes noncriminal abortion performed physician duly licensed georgia based upon best clinical judgment abortion necessary continuation pregnancy endanger life pregnant woman seriously permanently injure health fetus likely born grave permanent irremediable mental physical defect pregnancy resulted forcible statutory rape ii april mary doe individuals nine described physicians seven nurses registered state five clergymen two social workers two nonprofit georgia corporations advocate abortion reform instituted federal action northern district georgia state attorney general district attorney fulton county chief police city atlanta plaintiffs sought declaratory judgment georgia abortion statutes unconstitutional entirety also sought injunctive relief restraining defendants successors enforcing statutes mary doe alleged georgia citizen married nine weeks pregnant three living children two older ones placed foster home doe poverty inability care youngest born july placed adoption husband recently abandoned forced live indigent parents eight children husband however become reconciled construction worker employed sporadically mental patient state hospital advised abortion performed less danger health gave birth child carrying unable care support new child march applied abortion committee grady memorial hospital atlanta therapeutic abortion application denied days later april eight weeks pregnant ground situation one described application denied forced either relinquish right decide many children bear seek abortion illegal georgia statutes invaded rights privacy liberty matters related family marriage sex deprived right choose whether bear children violation rights guaranteed first fourth fifth ninth fourteenth amendments statutes also denied equal protection procedural due process unconstitutionally vague deterred hospitals doctors performing abortions sued behalf behalf others similarly situated plaintiffs alleged georgia statutes chilled deterred practicing respective professions deprived rights guaranteed first fourth fourteenth amendments plaintiffs also purported sue behalf behalf others similarly situated district convened offer proof doe identity made deemed unnecessary receive proof case tried pleadings interrogatories district per curiam supp nd held plaintiffs standing doe presented justiciable controversy merits concluded limitation georgia statute number reasons abortion may sought improperly restricted doe rights privacy articulated griswold connecticut personal liberty thought broad enough include decision abort pregnancy consequence held invalid portions limiting legal abortions three situations specified relating certifications rape situation authorizing test declaratory relief granted accordingly however held georgia interest protection health existence potential independent human existence emphasis original justified state regulation manner performance well quality final decision abort refused strike provisions statutes denied request injunction claiming entitled injunction broader relief plaintiffs took direct appeal pursuant postponed decision jurisdiction hearing merits defendants also purported appeal pursuant appeal dismissed want jurisdiction advised appellees brief alternative appeal part pending appeals fifth circuit extent therefore district decision adverse defendants extent portions georgia statutes held unconstitutional technically us swarb lennox iii decision roe wade ante establishes despite pseudonym may accept true case mary doe existence pregnant state april constitutional issue substantial interim termination doe georgia pregnancies existence rendered case moot doe presents justiciable controversy standing maintain action inasmuch doe class recognized question whether appellants physicians nurses clergymen social workers corporations present justiciable controversy standing perhaps matter great consequence conclude however doctors consulted pregnant women also present justiciable controversy standing despite fact record disclose one prosecuted threatened prosecution violation state abortion statutes physician one criminal statutes directly operate event procures abortion meet statutory exceptions conditions therefore assert sufficiently direct threat personal detriment required await undergo criminal prosecution sole means seeking relief crossen breckenridge poe menghini supp holding physicians theoretically possessed standing present justiciable controversy district seems relied primarily poe ullman sharply divided dismissed appeal state ground presented real controversy justifying adjudication constitutional issue challenged connecticut statute deemed prohibit giving medical advice use contraceptives enacted apparently single exception one ever prosecuted georgia statute contrast recent moribund furthermore successor another georgia abortion statute told physicians prosecuted present case therefore closer epperson arkansas recognized right school teacher though yet charged criminally challenge state statute see also griswold connecticut parallel claims nurse clergy social worker another step removed georgia statutes operate less directly licensed physicians nurses others position render medical advice reached abortion statutes capacity accessories conclude need pass upon status additional appellants suit issues sufficiently adequately presented doe nothing gained lost presence absence nurses clergymen social workers corporations see roe wade ante iv appellants attack several grounds portions georgia abortion statutes remain district decision undue restriction right personal marital privacy vagueness deprivation substantive procedural due process improper restriction georgia residents denial equal protection roe wade supra sets forth conclusion pregnant woman absolute constitutional right abortion demand said applicable need repeated appellants go argue however present georgia statutes must viewed historically fact prior act abortion georgia criminal performed preserve life mother suggested present statute well emphasis mother rights fetus appellants contend thus clear georgia given little certainly first consideration unborn child yet unborn child rights georgia asserts justification statute appellants assert justification advanced late date appellants argue statutes adequately protect woman right physically emotionally damaging doe bring child poor fatherless family advances medicine medical techniques made safer woman medically induced abortion bear child thus statute requires woman carry unwanted pregnancy term infringes fundamental right privacy right life brief appellants recognize century ago medical knowledge advanced today techniques antisepsis known abortion procedure dangerous woman restrict legality abortion situation deemed necessary medical judgment preservation woman life natural conclusion exercise legislative judgment time state reproached however past judgmental determination made light medical knowledge perhaps unfair argue appellants early focus preservation woman life state present professed interest protection embryonic fetal life downgraded argument denies state right readjust views emphases light advanced knowledge techniques day appellants argue georgia statutes left district decision unconstitutionally vague argument centers proposition district struck statutorily specified reasons still remains crime physician perform abortion except reads based upon best clinical judgment abortion necessary appellants contend word necessary warn physician conduct proscribed statute wholly without objective standards subject diverse interpretation doctors choose err side caution arbitrary net result district decision abortion determination far physician concerned made exercise professional best clinical judgment light attendant circumstances restricted three situations originally specified instead may range farther afield wherever medical judgment properly professionally exercised dictates directs vagueness argument set rest decision vuitch issue raised respect district columbia statute making abortions criminal unless done necessary preservation mother life health direction competent licensed practitioner medicine statute construed bear upon psychological well physical concluded term health presented problem vagueness indeed whether particular operation necessary patient physical mental health judgment physicians obviously called upon make routinely whenever surgery considered conclusion equally applicable whether words georgia statute abortion necessary professional judgment georgia physician called upon make routinely agree district medical judgment may exercised light factors physical emotional psychological familial woman age relevant wellbeing patient factors may relate health allows attending physician room needs make best medical judgment room operates benefit disadvantage pregnant woman appellants next argue district declared unconstitutional three procedural demands georgia statute abortion performed hospital accredited joint commission accreditation hospitals procedure approved hospital staff abortion committee performing physician judgment confirmed independent examinations patient two licensed physicians appellants attack provisions ground unduly restrict woman right privacy also procedural due process equal protection grounds also argue subjecting doctor individual medical judgment committee approval confirming consultations statute impermissibly restricts physician right practice profession deprives due process jcah accreditation joint commission accreditation hospitals organization without governmental sponsorship overtones question whatever raised concerning integrity organization high purpose accreditation process process however hospital standards generally present particularized concern abortion medical surgical procedure georgia restriction performance surgery hospital yet accredited jcah long requirements imposed state licensing hospital operating surgeon met see georgia code supp furthermore accreditation commission granted hospital operation least one year model penal code appendix hereto contains requirement jcah accreditation uniform abortion act final draft approved american bar association february contains hospital specification courts held requirement overbroad infringement fundamental rights relate particular medical problems dangers abortion operation poe menghini hold requirement withstand constitutional scrutiny present context requirement simply based differences reasonably related purposes act found morey doud say georgia may end first trimester adopt standards licensing facilities abortions may performed long standards legitimately related objective state seeks accomplish appellants contend relationship lacking even lesser requirement abortion performed licensed hospital opposed facility clinic may required state possess staffing services necessary perform abortion safely including adequate handle serious complications emergency arrangements nearby hospital provide services appellants various amici presented us mass data purporting demonstrate facilities hospitals entirely adequate perform abortions possess qualifications state hand presented persuasive data show hospitals meet acknowledged interest insuring quality operation full protection patient feel compelled agree appellants state must show order prove full resources licensed hospital rather appropriately licensed institution satisfy health interests hold hospital requirement georgia law fails exclude first trimester pregnancy see roe wade ante also invalid holding naturally express opinion medical judgment involved particular case whether patient situation abortion performed hospital rather facility committee approval second aspect appellants procedural attack relates hospital abortion committee pregnant woman asserted lack access committee relying primarily goldberg kelly concerning termination welfare benefits wisconsin constantineau concerning posting alcoholic name doe first argues denied due process make presentation committee clear record however whether doe consulting physician member committee present case indeed whether see nothing georgia statute explicitly denies access committee behalf woman access point alone involved persuaded strike committee provision unsupported assumption access provided appellants attack discretion statute leaves committee concrete argument advance suggestion still badge infamy many minds bear illegitimate child georgia system enables committee members personal views extramarital sex relations punishment therefor govern decisions approach obviously one founded suspicion one discloses lack confidence integrity physicians say physicians guided hospital committee decisions predilections extramarital sex unduly narrows issue pregnancy outside marriage doe situation involve extramarital sex product appellants suggestion necessarily somewhat degrading conscientious physician particularly obstetrician whose professional activity concerned physical mental welfare woes emotions concern female patients perhaps anyone else knowledgeable area patient care aware human frailty error needs good physician despite presence rascals medical profession others trust physicians good sympathy understanding pregnant patient probably exceeded participate areas professional counselling perhaps worth noting abortion committee function committee hospital composed members institution medical staff membership usually changing one way work burden shared readily accepted committee function protective enables hospital appropriately advised posture activities accord legal requirements remembered hospital entity legal rights legal obligations saying however settle issue constitutional propriety committee requirement viewing georgia statute whole see constitutionally justifiable pertinence structure advance approval abortion committee regard protection potential life medical judgment already completed prior committee stage review committee removed diagnosis basically redundant cited surgical procedure made subject committee approval matter state criminal law woman right receive medical care accordance licensed physician best judgment physician right administer substantially limited statutorily imposed overview hospital otherwise fully protected hospital free admit patient abortion even free abortion committee physician employee right refrain moral religious reasons participating abortion procedure provisions obviously statute order afford appropriate protection individual denominational hospital section affords adequate protection hospital little provided committee prescribed conclude interposition hospital abortion committee unduly restrictive patient rights needs point already medically delineated substantiated personal physician ask serves neither hospital state concurrence third aspect appellants attack centers time availability adequate medical facilities personnel said system imposes substantial irrational roadblocks patently unsuited prompt determination abortion decision time course critical abortion risks first trimester pregnancy admittedly lower later months appellants purport show local study grady memorial hospital serving indigent residents fulton dekalb counties mechanics system forced discontinuance abortion process median time workup days study shows however candidates abortion already weeks pregnant time application end beyond first trimester made applications much say appellants particular persons victims system control higher risk incurred abortions second rather first trimester much risk due delay application alleged cumbersomeness system note passing appellant doe delay problem decision case made well within first trimester manifest rejection requirement important abortion committee advance approval eliminates major grounds attack based system delay lack facilities remains however required confirmation two physicians addition recommendation pregnant woman consultant making statute total six physicians involved including three hospital abortion committee conclude provision must fall statute emphasis repetitively noted attending physician best clinical judgment abortion necessary sufficient reasons presence confirmation step statute perhaps apparent insufficient withstand constitutional challenge voluntary medical surgical procedure georgia requires confirmation two physicians cited us physician licensed state recognized state capable exercising acceptable clinical judgment fails professional censure deprivation license available remedies required acquiescence rational connection patient needs unduly infringes physician right practice attending physician know consultation advisable doubtful situation need assurance medical decision delicate one like physicians followed routine historically know usefulness benefit concerned still true today eliance must placed upon assurance given license issued authority competent judge respect physician possesses requisite qualifications dent west virginia see vuitch appellants attack residency requirement georgia law violative right travel stressed shapiro thompson cases requirement kind course deemed relationship availability medical care aborted patient nevertheless uphold constitutionality residence requirement based policy preserving facilities georgia residents bar also applies private hospitals privately retained physicians intimation either georgia facilities utilized capacity caring georgia residents privileges immunities clause const art iv protects persons enter ply trade ward maryland wall blake mcclung must protect persons enter georgia seeking medical services available see toomer witsell contrary holding mean state limit residents general medical care available within borders approve last argument phase case one often made namely georgia system violative equal protection discriminates poor appellants urge abortions performed persons licensed physicians argument wealthy better afford physicians poor made available appellants acknowledged procedures nondiscriminatory express terms suggest produced invidious discriminations district rejected approach hand rests primarily accreditation approval confirmation requirements discussed assertion georgia counties accredited hospital set aside accreditation approval confirmation requirements however discrimination argument collapses significant aspects appellants complain finally district denial injunctive relief like claim made roe wade ante declined decision insofar injunctive relief concerned decline assume georgia prosecutorial authorities give full recognition judgment summary hold hospital provision requirements approval hospital abortion committee confirmation two independent physicians residence georgia violative fourteenth amendment specifically following portions remaining district judgment invalid subsections portion subsection following words uch physician judgment reduced writing subsections judgment district modified accordingly modified affirmed costs allowed appellants appendix opinion criminal code georgia chapter abortion exception section shall apply abortion performed physician duly licensed practice medicine surgery pursuant chapter code georgia amended based upon best clinical judgment abortion necessary continuation pregnancy endanger life pregnant woman seriously permanently injure health fetus likely born grave permanent irremediable mental physical defect pregnancy resulted forcible statutory rape abortion authorized shall performed section unless following conditions met pregnant woman requesting abortion certifies writing oath subject penalties false swearing physician proposes perform abortion bona fide legal resident state georgia physician certifies believes woman bona fide resident state information lead believe otherwise physician judgment reduced writing concurred least two physicians duly licensed practice medicine surgery pursuant chapter code georgia amended certify writing based upon separate personal medical examinations pregnant woman abortion judgment necessary one reasons enumerated abortion performed hospital licensed state board health accredited joint commission accreditation hospitals performance abortion approved advance committee medical staff hospital operation performed committee must one established maintained accordance standards promulgated joint commission accreditation hospitals approval must majority vote membership less three members hospital staff physician proposing perform operation may counted member committee purpose proposed abortion considered necessary woman raped woman makes written statement oath subject penalties false swearing date time place rape name rapist known must attached statement certified copy report rape made law enforcement officer agency statement solicitor general judicial circuit rape occurred allegedly occurred according best information probable cause believe rape occur written opinions statements certificates concurrences maintained permanent files hospital available reasonable times solicitor general judicial circuit hospital located copy written opinions statements certificates concurrences filed director state department public health within days operation performed written opinions statements certificates concurrences filed maintained pursuant paragraphs subsection shall confidential records shall made available public inspection time solicitor general judicial circuit abortion performed section person relative child within second degree consanguinity may petition superior county abortion performed declaratory judgment whether performance abortion violate constitutional legal rights fetus solicitor general may also petition purpose taking issue compliance requirements section physician proposes perform abortion pregnant woman shall respondents petition shall heard expeditiously adjudges abortion violate constitutional legal rights fetus shall declare shall restrain physician performing abortion abortion performed compliance section death fetus shall give rise claim wrongful death nothing section shall require hospital admit patient provisions hereof purpose performing abortion shall hospital required appoint committee contemplated subsection physician person member associated staff hospital employee hospital abortion authorized shall state writing objection abortion moral religious grounds shall required participate medical procedures result abortion refusal person participate therein shall form basis claim damages account refusal disciplinary recriminatory action person punishment person convicted criminal abortion shall punished imprisonment less one years appendix opinion american law institute model penal code unjustified abortion person purposely unjustifiably terminates pregnancy another otherwise live birth commits felony third degree pregnancy continued beyond week felony second degree justifiable abortion licensed physician justified terminating pregnancy believes substantial risk continuance pregnancy gravely impair physical mental health mother child born grave physical mental defect pregnancy resulted rape incest felonious intercourse illicit intercourse girl age shall deemed felonious purposes subsection justifiable abortions shall performed licensed hospital except case emergency hospital facilities unavailable additional exceptions requirement hospitalization may incorporated take account situations sparsely settled areas hospitals generally accessible physicians certificates presumption abortion shall performed unless two physicians one may person performing abortion shall certified writing circumstances believe justify abortion certificate shall submitted abortion hospital performed case abortion following felonious intercourse prosecuting attorney police failure comply requirements subsection gives rise presumption abortion unjustified woman whose pregnancy continued beyond week commits felony third degree purposely terminates pregnancy otherwise live birth uses instruments drugs violence upon purpose except justified subsection person induces knowingly aids woman use instruments drugs violence upon purpose terminating pregnancy otherwise live birth commits felony third degree whether pregnancy continued beyond week pretended abortion person commits felony third degree representing purpose perform abortion act adapted cause abortion pregnant woman although woman fact pregnant actor believe person charged unjustified abortion subsection attempt commit offense may convicted thereof upon proof conduct prohibited subsection distribution abortifacients person sells offers sell possesses intent sell advertises displays sale anything specially designed terminate pregnancy held actor useful purpose commits misdemeanor unless sale offer display physician druggist intermediary chain distribution physicians druggists sale made upon prescription order physician possession intent sell authorized paragraphs advertising addressed persons named paragraph confined trade professional channels likely reach general public section inapplicable prevention pregnancy nothing section shall deemed applicable prescription administration distribution drugs substances avoiding pregnancy whether preventing implantation fertilized ovum method operates immediately fertilization footnotes brief appellants tr oral arg see roe wade ante pertinent provisions statute section enacted passage act willful killing unborn child far developed ordinarily called quick injury mother child murder resulted death mother shall guilty felony punishable death imprisonment life jury trying case may recommend sec ii enacted every person shall administer woman pregnant child medicine drug substance whatever shall use employ instrument means intent thereby destroy child unless shall necessary preserve life mother shall advised two physicians necessary purpose shall case death child mother thereby produced declared guilty assault intent murder sec iii enacted person shall wilfully administer pregnant woman medicine drug substance anything whatever shall employ instrument means whatever intent thereby procure miscarriage abortion woman unless shall necessary preserve life woman shall advised two physicians necessary purpose shall upon conviction punished prescribed section revised code georgia contrast ali model georgia statute makes specific reference pregnancy resulting incest assured state reargument statute reference rape intended include incest tr oral rearg appellants complaint app allege name pseudonym answers interrogatories doe stated application abortion approved georgia baptist hospital may approved charity patient money pay abortion app decide today obviously implications issues raised defendants appeal pending fifth circuit tr oral arg brief appellants advised reargument tr oral rearg georgia counties hospital since founding jcah pursued elusive goal defining optimal setting quality service hospitals jcah accreditation manual hospitals foreword manual introduction organization purpose establish standards conduct accreditation programs afford quality medical care give patients optimal benefits medical science offer ambitious admirable goal illustrated jcah decision raise strengthen standards present level minimum essential level optimum achievable optimum achievable standards required disclosure hospital ownership control dietetic service written dietetic policies written disaster plan mass emergencies nuclear medical services program facilities hematology chemistry microbiology clinical microscopy professional library document delivery service radiology program social services plan administered qualified social worker special care unit joint commission neither advocates opposes particular position respect elective abortions letter dated july john brewer commissioner jcah rockefeller foundation brief amici curiae american college obstetricians gynecologists et see roe wade ante state statutes requirement alaska stat hawaii rev stat supp penal code subd supp washington requirement couples alternative medical facility approved state board health rev code supp florida new statute similar provision law apr others contain specification ark stat ann supp health safety code supp rev stat ann cum supp stat ann supp md ann code art cf del code tit supp specifying nationally recognized medical hospital accreditation authority baker freeman abortion surveillance grady memorial hospital center disease control june july dept hew public health service chief justice burger concurring agree fourteenth amendment constitution abortion statutes georgia texas impermissibly limit performance abortions necessary protect health pregnant women using term health broadest medical context see vuitch somewhat troubled taken notice various scientific medical data reaching conclusion however believe exceeded scope judicial notice accepted contexts oral argument counsel state texas informed early abortion procedures routinely permitted certain exceptional cases nonconsensual pregnancies resulting rape incest face rigid narrow statute texas one circumstances placed posture dependence prosecutorial policy prosecutorial discretion course must broad power within limits indicated opinions regulate subject abortions consequences state intervention severe uncertainty must avoided much possible part inclined allow state require certification two physicians support abortion holds otherwise believe procedure unduly burdensome complex steps georgia statute require many six doctors use hospital certified jcah read holdings today sweeping consequences attributed dissenting justices dissenting views discount reality vast majority physicians observe standards profession act basis carefully deliberated medical judgments relating life health plainly today rejects claim constitution requires abortions demand opinion applies also roe wade ante justice douglas concurring join opinion add words questions presented present cases go far beyond issues vagueness considered vuitch involve right privacy one aspect considered griswold connecticut held various guarantees bill rights create zones privacy griswold case involved law forbidding use contraceptives held law applied married people unconstitutional deal right privacy older bill rights older political parties older school system marriage coming together better worse hopefully enduring intimate degree sacred california expressed view people belous cal ninth amendment obviously create federally enforceable rights merely says enumeration constitution certain rights shall construed deny disparage others retained people catalogue rights includes customary traditional rights amenities privileges immunities come within sweep blessings liberty mentioned preamble constitution many view come within meaning term liberty used fourteenth amendment first autonomous control development expression one intellect interests tastes personality rights protected first amendment view absolute permitting exceptions see terminiello chicago roth dissent kingsley pictures regents concurring new york times sullivan black concurring joined free exercise clause first amendment one facet constitutional right right remain silent respects one beliefs watkins protected first fifth first amendment grants privacy mail van leeuwen aspects right privacy rights retained people meaning ninth amendment second freedom choice basic decisions one life respecting marriage divorce procreation contraception education upbringing children rights unlike protected first amendment subject control police power thus fourth amendment speaks unreasonable searches seizures probable cause rights fundamental held order support legislative action statute must narrowly precisely drawn compelling state interest must shown support limitation kramer union free school district shapiro thompson carrington rash sherbert verner naacp alabama liberty marry person one choosing loving virginia right procreation skinner oklahoma liberty direct education one children pierce society sisters privacy marital relation griswold connecticut supra category last term eisenstadt baird another contraceptive case expanded concept griswold saying true griswold right privacy question inhered marital relationship yet marital couple independent entity mind heart association two individuals separate intellectual emotional makeup right privacy means anything right individual married single free unwarranted governmental intrusion matters fundamentally affecting person decision whether bear beget child third freedom care one health person freedom bodily restraint compulsion freedom walk stroll loaf rights though fundamental likewise subject regulation showing compelling state interest stated papachristou city jacksonville walking strolling wandering historically part amenities life known stated jacobson massachusetts course sphere within individual may assert supremacy rightfully dispute authority human government especially free government existing written constitution interfere exercise terry ohio speaking fourth amendment stated inestimable right personal security belongs much citizen streets cities homeowner closeted study dispose secret affairs katz emphasizes fourth amendment protects individual privacy certain kinds governmental intrusion meyer nebraska said without doubt liberty denotes merely freedom bodily restraint also right individual contract engage common occupations life acquire useful knowledge marry establish home bring children worship god according dictates conscience generally enjoy privileges long recognized common law essential orderly pursuit happiness free men ii reasoning however beginning problem state interests protect vaccinations prevent epidemics one example jacobson supra holds held compulsory sterilization imbeciles afflicted hereditary forms insanity imbecility another buck bell abortion affects another childbirth endangers lives women voluntary abortion time place regardless medical standards impinge rightful concern society woman health part concern life fetus quickening concerns justify state treating procedure medical one one difficulty statute construed applied apparently give full sweep psychological well physical women patients saved concept health void vagueness vuitch apart georgia enactment constitutional infirmity stated district limits number reasons abortion may sought agree holding district state may action unduly restricts decision sheltered constitutional right privacy vicissitudes life produce pregnancies may unwanted may impair health broad vuitch sense term may imperil life mother full setting case may create suffering dislocations misery tragedy make early abortion civilized step take hardships may properly embraced health factor mother appraised person insight may part broader medical judgment based appropriate given case though perhaps necessary strict sense liberty mother though rooted constitution may qualified state reasons stated fundamental personal rights liberties involved corrective legislation must narrowly drawn prevent supposed evil cantwell connecticut dealt unlimited indiscriminate manner shelton tucker see talley california unless regulatory measures confined addressed specific areas compelling legislative concern police power become great leveler constitutional rights liberties doubt state may require abortions performed qualified medical personnel legitimate objective preserving mother health clearly supports laws impact upon woman privacy minimal georgia statute outlaws virtually operations even earliest stages pregnancy light modern medical evidence suggesting early abortion safer healthwise childbirth seriously urged comprehensive ban aimed protecting woman health rather expansive proscription abortions along temporal spectrum rest public goal preserving embryonic fetal life present statute struck balance woman state interests wholly favor latter prepared hold state may equate georgia done phases maturation preceding birth held griswold may preclude spouses attempting avoid joinder sperm egg true difficult perceive overriding public necessity might attach precisely moment conception justice clark said say life present conception give recognition potential rather actual unfertilized egg life fertilized takes human proportions law deals reality obscurity known rather unknown sperm meets egg life may eventually form quite often law deal speculation phenomenon life takes time develop actually present destroyed interruption prior formation hardly homicide seen society regard rites baptism performed death certificates required miscarriage occurs prosecutor ever returned murder indictment charging taking life fetus case fetus constituted human life iii georgia act mother physician sole judge whether abortion performed two licensed physicians must concur judgment moreover abortion must performed licensed hospital abortion must approved advance committee medical staff hospital physicians speak us doe amicus brief complain georgia act interference practice profession right privacy conspicuous place relationship unless relationship one thing patient agree physician may consult another physician case quite different matter state compulsorily impose relationship another layer case still third layer physicians right privacy right care one health person seek physician one choice protected fourteenth amendment becomes matter theory reality system mandated state state licenses physician derelict faithless procedures available punish deprive license well known entitled procedural due process professional disciplinary sanctions may imposed see ruffalo crucial however control medical decision whether pregnancy interrupted decision patient chosen physician overridden final decision passed others whose selection patient part total destruction right privacy physician patient intimacy relation entails right seek advice one health right place reliance physician one choice basic fourteenth amendment values deal fundamental rights liberties already noted contained controlled discretely drawn legislation preserves liberty regulates phases problem compelling legislative concern imposition state group controls relationship made medical procedure apart abortion matter dangerous medical step may oversight imposed physician patient abortion cases denies liberty right privacy without compelling discernible state interest georgia constitutional warrant treating abortion medical problem protect woman right privacy however control must physician choice standards set performance protection fetus acquired life legitimate concern state georgia law makes rational discernible decision score code developmental stage fetus irrelevant pregnancy result rape fetus likely born permanent defect continuation pregnancy endanger life mother permanently injure health life present question try resolve basically question medical experts stated justice clark course caught matters religion morality short agree endangering life woman seriously permanently injuring health standards narrow right privacy stake also agree superstructure medical supervision georgia erected violates patient right privacy inherent choice physician opinion applies also roe wade ante disagree dismissal hallford complaint intervention roe wade ante disagreement younger harris revealed dissent case still persists extends progeny case mention privacy bill rights decisions recognized one fundamental values amendments designed protect fountainhead case boyd holding federal statute authorized tax cases require taxpayer produce records concede government allegations offended fourth fifth amendments justice bradley found measure unduly intruded sanctity man home privacies life prior boyd kilbourn thompson justice miller held neither house congress possesses general power making inquiry private affairs citizen kilbourn justice field later said case stand time bulwark invasion right citizen protection private affairs unlimited scrutiny investigation congressional committee pacific railway cited approval sinclair justice harlan also speaking icc brimson thought true administrative inquiries saying constitution permit general power making inquiry private affairs citizen similar vein harriman icc louisville nashville ftc american tobacco california abortion statute held unconstitutional belous case made crime perform help perform abortion unless necessary preserve mother life cal brother stewart writing roe wade supra says decision griswold reintroduced substantive due process rejected ferguson skrupa skrupa involved legislation governing business enterprise case justice holmes earlier occasions rejected idea liberty within meaning due process clause fourteenth amendment vessel filled one personal choices values whether drawn laissez faire school socialistic school technocrats griswold involved legislation touching marital relation involving conviction licensed physician giving married people information concerning contraception nothing specific bill rights covers item anything bill rights terms protects right association privacy one association yet found rights periphery first amendment naacp alabama peripheral rights right educate one children one chooses pierce society sisters right study german language meyer nebraska decisions respect nothing substantive due process one may think peripheral rights expressed bill rights enough bring play protection substantive due process course believed reach due process fourteenth amendment included bill rights went view justice murphy justice rutledge see adamson california dissenting opinion perhaps right bridge neither joined opinion griswold crossed many studies show safer woman medically induced abortion bear child first months operation new york abortion law mortality rate associated operations six per operations abortion mortality morbidity mortality june dept hew public health service hand maternal mortality rate associated childbirths abortions per live births tietze mortality contraception induced abortion studies family planning see also tietze lehfeldt legal abortion eastern europe apr kolblova legal abortion czechoslovakia apr mehland combating illegal abortion socialist countries europe world med religion morality abortion constitutional appraisal loyola rev keeler superior cal california held california murder statute cover killing unborn fetus even though fetus viable beyond judicial power extend statute killing unborn held child must born alive charge homicide sustained see code ann see see rochat tyler schoenbucher epidemiological analysis abortion georgia public health supra justice white justice rehnquist joins dissenting heart controversy cases recurring pregnancies pose danger whatsoever life health mother nevertheless unwanted one variety reasons convenience family planning economics dislike children embarrassment illegitimacy etc common claim us one reasons reason without asserting claiming threat life health woman entitled abortion request able find medical advisor willing undertake procedure part sustains position period prior time fetus becomes viable constitution values convenience whim caprice putative mother life potential life fetus constitution therefore guarantees right abortion state law policy seeking protect fetus abortion prompted compelling reasons mother due respect dissent find nothing language history constitution support judgment simply fashions announces new constitutional right pregnant mothers scarcely reason authority action invests right sufficient substance override existing state abortion statutes upshot people legislatures constitutionally disentitled weigh relative importance continued existence development fetus one hand spectrum possible impacts mother hand exercise raw judicial power perhaps authority today view judgment improvident extravagant exercise power judicial review constitution extends apparently values convenience pregnant mother continued existence development life potential life carries whether might agree marshaling values event join judgment find constitutional warrant imposing order priorities people legislatures sensitive area involving issues reasonable men may easily heatedly differ accept exercise clear power choice interposing constitutional barrier state efforts protect human life investing mothers doctors constitutionally protected right exterminate issue part left people political processes people devised govern affairs view therefore texas statute constitutionally infirm denies abortions seek serve convenience rather protect life health plaintiff claims threat mental physical health entitled assert possible rights women whose pregnancy assertedly implicates health together vuitch dictates reversal judgment district likewise georgia may constitutionally forbid abortions putative mothers like plaintiff case fall within reach criminal code occasion district none consider constitutionality procedural requirements georgia statute applied pregnancies posing substantial hazards either life health reverse judgment district georgia case opinion applies also roe wade ante justice rehnquist dissenting holding roe wade ante state abortion laws withstand constitutional scrutiny state demonstrate compelling state interest apparently compels close scrutiny various provisions georgia abortion statute since indicated dissent wade view standard inappropriate measure constitutionality state abortion laws respectfully dissent majority holding