colautti
franklin
argued
october
decided
january
section
pennsylvania
abortion
control
act
requires
every
person
performs
abortion
make
determination
based
experience
judgment
professional
competence
fetus
viable
person
determines
fetus
viable
sufficient
reason
believe
fetus
may
viable
must
exercise
care
preserve
fetus
life
health
required
case
fetus
intended
born
alive
must
use
abortion
technique
providing
best
opportunity
fetus
aborted
alive
long
different
technique
necessary
preserve
mother
life
health
act
also
imposes
penal
sanction
violation
appellees
brought
suit
claiming
inter
alia
unconstitutionally
vague
district
upheld
claim
held
requirement
void
vagueness
pp
though
apparently
determination
whether
fetus
viable
rest
upon
basis
attending
physician
experience
judgment
professional
competence
ambiguous
whether
subjective
language
applies
second
condition
activates
duty
fetus
sufficient
reason
believe
fetus
may
viable
pp
intended
distinction
viable
may
viable
elusive
apparently
phrases
refer
distinct
conditions
one
indeterminately
differs
definition
viability
set
forth
roe
wade
planned
parenthood
central
missouri
danforth
pp
vagueness
requirement
compounded
fact
subjects
physician
potential
criminal
liability
without
regard
fault
absence
scienter
requirement
provision
directing
physician
determine
whether
fetus
may
viable
act
little
trap
act
good
faith
ragen
perils
strict
criminal
liability
particularly
acute
uncertainty
viability
determination
pp
provision
likewise
impermissibly
vague
uncertain
whether
statute
permits
physician
consider
duty
patient
paramount
duty
fetus
whether
requires
physician
make
patient
health
increased
chances
fetal
survival
conflicting
duties
magnitude
involved
must
greater
statutory
precision
physician
may
subjected
possible
criminal
sanctions
pp
blackmun
delivered
opinion
brennan
stewart
marshall
powell
stevens
joined
white
filed
dissenting
opinion
burger
rehnquist
joined
post
carol
los
mansmann
special
assistant
attorney
general
pennsylvania
argued
cause
appellants
brief
jerome
mansmann
special
assistant
attorney
general
roland
morris
argued
cause
filed
brief
appellees
burt
neuborne
sylvia
law
filed
brief
american
public
health
assn
et
al
amici
curiae
urging
affirmance
briefs
amici
curiae
filed
george
reed
patrick
geary
catholic
conference
dennis
horan
john
gorby
victor
rosenblum
dolores
horan
americans
life
justice
blackmun
delivered
opinion
issue
constitutionality
subsection
pennsylvania
abortion
control
act
laws
act
stat
tit
purdon
statute
subjects
physician
performs
abortion
potential
criminal
liability
fails
utilize
statutorily
prescribed
technique
fetus
viable
sufficient
reason
believe
fetus
may
viable
federal
district
declared
unconstitutionally
vague
overbroad
enjoined
enforcement
app
pursuant
noted
probable
jurisdiction
sub
nom
beal
franklin
abortion
control
act
passed
pennsylvania
legislature
governor
veto
year
following
decisions
roe
wade
doe
bolton
comprehensive
statute
section
gave
act
title
section
defined
among
terms
informed
consent
viable
latter
specified
mean
capability
fetus
live
outside
mother
womb
albeit
artificial
aid
see
roe
wade
section
proscribed
performance
abortion
upon
person
absence
informed
consent
thereto
person
section
prohibited
performance
abortion
absence
written
consent
woman
spouse
provided
spouse
located
notified
abortion
certified
licensed
physician
necessary
order
preserve
life
health
mother
section
ii
applicable
woman
unmarried
age
forbade
performance
abortion
absence
written
consent
one
parent
person
loco
parentis
woman
unless
abortion
certified
licensed
physician
necessary
order
preserve
life
mother
section
provided
whoever
performed
abortion
without
consent
guilty
misdemeanor
first
degree
section
provided
whoever
intentionally
willfully
took
life
premature
infant
aborted
alive
guilty
murder
second
degree
section
set
forth
supra
provided
fetus
determined
viable
sufficient
reason
believe
fetus
might
viable
person
performing
abortion
required
exercise
care
preserve
life
health
fetus
required
case
fetus
intended
born
alive
required
adopt
abortion
technique
providing
best
opportunity
fetus
aborted
alive
long
different
technique
necessary
order
preserve
life
health
mother
section
also
set
forth
imposed
penal
sanction
violation
section
specified
abortion
controls
prohibited
abortion
stage
pregnancy
subsequent
viability
except
necessary
judgment
licensed
physician
preserve
life
health
mother
abortion
performed
except
licensed
physician
approved
facility
required
appropriate
records
kept
quarterly
reports
filed
commonwealth
department
health
prohibited
solicitation
advertising
respect
abortions
violation
misdemeanor
first
third
degrees
specified
section
prohibited
use
public
funds
abortion
absence
certificate
physician
stating
abortion
necessary
order
preserve
life
health
mother
finally
authorized
department
health
make
rules
regulations
respect
performance
abortions
facilities
abortions
performed
see
stat
tit
purdon
prior
act
effective
date
october
present
suit
filed
district
eastern
district
pennsylvania
challenging
federal
constitutional
grounds
nearly
act
provisions
october
issued
preliminary
injunction
restraining
enforcement
number
provisions
side
sought
determination
plaintiffs
defendants
motion
effect
granted
case
went
trial
january
received
extensive
testimony
expert
witnesses
aspects
abortion
procedures
resulting
judgment
declared
act
severable
upheld
certain
provisions
held
provisions
unconstitutional
planned
parenthood
assn
fitzpatrick
supp
sustained
definition
informed
consent
requirement
certain
reporting
requirements
authorization
rules
regulations
divided
vote
informed
consent
requirement
overturned
requirement
divided
vote
ii
requirement
reporting
requirements
relating
spousal
parental
consent
prohibition
advertising
restriction
abortion
funding
definition
viable
declared
void
vagueness
incorporation
definition
proscription
abortions
viability
except
preserve
life
health
woman
struck
finally
part
incorporation
definition
viable
part
perceived
overbreadth
phrase
may
viable
invalidated
provisions
sides
appealed
appeals
pending
decided
virginia
state
board
pharmacy
virginia
citizens
consumer
council
planned
parenthood
central
missouri
danforth
singleton
wulff
virginia
state
board
shed
light
prohibition
advertising
abortion
services
planned
parenthood
direct
bearing
issues
instructive
issue
singleton
concerned
issue
standing
challenge
abortion
regulations
accordingly
portion
judgment
subject
plaintiffs
appeal
summarily
affirmed
franklin
fitzpatrick
portion
judgment
subject
defendants
appeal
vacated
remanded
consideration
light
planned
parenthood
singleton
virginia
state
board
beal
franklin
remand
parties
entered
stipulation
disposed
issues
except
constitutionality
relying
supervening
decisions
beal
doe
maher
roe
district
found
contrary
original
view
see
violate
either
tit
xix
social
security
act
added
stat
amended
et
equal
protection
clause
fourteenth
amendment
app
however
declared
reconsideration
section
light
recent
decisions
adhere
original
view
decision
section
unconstitutional
since
appealed
ruling
respect
issue
remaining
protracted
litigation
validity
ii
three
cases
sensitive
earnestly
contested
abortion
area
provide
essential
background
present
controversy
roe
wade
concluded
right
privacy
implicit
liberty
secured
fourteenth
amendment
broad
enough
encompass
woman
decision
whether
terminate
pregnancy
right
said
although
fundamental
absolute
unqualified
must
considered
important
state
interests
health
pregnant
woman
potential
life
fetus
interests
separate
distinct
grows
substantiality
woman
approaches
term
point
pregnancy
becomes
compelling
logical
biological
reasons
indicated
state
interest
potential
life
fetus
reaches
compelling
point
stage
viability
hence
prior
viability
state
may
seek
interest
directly
restricting
woman
decision
whether
terminate
pregnancy
viability
state
chooses
may
regulate
even
prohibit
abortion
except
necessary
appropriate
medical
judgment
preserve
life
health
pregnant
woman
undertake
roe
examine
various
factors
may
enter
determination
viability
simply
observed
medical
scientific
communities
fetus
considered
viable
potentially
able
live
outside
mother
womb
albeit
artificial
aid
added
must
potentiality
meaningful
life
merely
momentary
survival
noted
viability
usually
placed
seven
months
weeks
may
occur
earlier
even
weeks
thus
left
point
flexible
anticipated
advancements
medical
skill
roe
stressed
repeatedly
central
role
physician
consulting
woman
whether
abortion
determining
abortion
carried
indicated
points
important
state
interests
provide
compelling
justifications
intervention
abortion
decision
aspects
inherently
primarily
medical
decision
added
privilege
abused
usual
remedies
judicial
available
ibid
roe
companion
case
doe
bolton
underscored
importance
affording
physician
adequate
discretion
exercise
medical
judgment
reiterated
pregnant
woman
absolute
constitutional
right
abortion
demand
discussed
context
georgia
statute
requirement
physician
decision
perform
abortion
must
rest
upon
best
clinical
judgment
found
critical
judgment
may
exercised
light
factors
physical
emotional
psychological
familial
woman
age
relevant
patient
third
case
planned
parenthood
central
missouri
danforth
stressed
similar
themes
missouri
statute
defined
viability
challenged
ground
conflicted
discussion
viability
roe
reality
attempt
advance
point
viability
earlier
stage
gestation
rejected
argument
repeated
roe
definition
viability
observed
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matter
medical
judgment
skill
technical
ability
preserved
roe
flexibility
term
also
rejected
contention
specified
number
weeks
pregnancy
must
fixed
statute
point
viability
said
event
agree
district
proper
function
legislature
courts
place
viability
essentially
medical
concept
specific
point
gestation
period
time
viability
achieved
may
vary
pregnancy
determination
whether
particular
fetus
viable
must
matter
judgment
responsible
attending
physician
principles
mind
turn
issues
presented
instant
controversy
iii
attack
mounted
upon
centers
requirement
stated
standard
care
former
provision
requiring
physician
observe
care
standard
determines
fetus
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reason
believe
fetus
may
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asserted
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vague
fails
inform
physician
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make
physician
determination
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provision
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unconstitutionally
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time
period
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stage
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couple
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abort
fetus
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testing
defective
standard
care
particular
requirement
physician
employ
abortion
technique
provide
best
opportunity
fetus
aborted
alive
long
different
technique
necessary
order
preserve
life
health
mother
said
void
vagueness
unconstitutionally
restrictive
failing
afford
physician
sufficient
professional
discretion
determining
abortion
technique
appropriate
opposition
assert
pennsylvania
statute
concerned
abortions
prescribing
standard
care
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assert
terminology
may
viable
correctly
describes
statistical
probability
fetal
survival
associated
viability
requirement
otherwise
sufficiently
definite
interpreted
medical
community
legislature
judiciary
determine
whether
viable
genetically
defective
fetus
right
life
contend
provision
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flexibility
required
sound
medical
practice
simply
requires
physician
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procedures
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risk
woman
must
select
procedure
least
likely
fatal
fetus
iv
agree
requirement
ambiguous
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scienter
requirement
respect
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viability
conclude
portion
statute
void
vagueness
find
unnecessary
consider
appellees
alternative
arguments
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settled
matter
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process
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give
person
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fair
notice
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conduct
forbidden
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harriss
indefinite
encourages
arbitrary
erratic
arrests
convictions
papachristou
jacksonville
void
vagueness
see
generally
grayned
city
rockford
appears
especially
true
uncertainty
induced
statute
threatens
inhibit
exercise
constitutionally
protected
rights
smith
goguen
keyishian
board
regents
section
requires
every
person
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induces
abortion
make
determination
based
experience
judgment
professional
competence
fetus
viable
person
determines
fetus
viable
sufficient
reason
believe
fetus
may
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must
adhere
prescribed
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care
see
supra
requirement
contains
double
ambiguity
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statute
imports
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whether
imposes
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second
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whether
phrase
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viability
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roe
planned
parenthood
whether
refers
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penumbral
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prior
stage
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statute
requires
physician
conform
prescribed
standard
care
one
two
conditions
satisfied
determines
fetus
viable
sufficient
reason
believe
fetus
may
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apparently
determination
whether
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whether
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cross
section
medical
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latter
obviously
portends
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typical
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practitioner
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hospital
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medical
center
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appellants
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support
contention
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believe
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emphasis
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syntax
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physician
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care
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statute
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act
respect
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limited
availability
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stage
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concept
viability
important
yet
legislature
found
unnecessary
explain
viable
fetus
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one
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reject
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may
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means
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serious
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physicians
understand
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way
definition
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set
forth
roe
planned
parenthood
double
ambiguity
requirement
portion
pennsylvania
statute
readily
distinguishable
requirement
abortion
must
necessary
preservation
mother
life
health
upheld
vagueness
challenge
vuitch
requirement
physician
determine
basis
best
clinical
judgment
abortion
necessary
upheld
vagueness
attack
doe
bolton
contested
provisions
cases
interpreted
allow
physician
make
determination
light
attendant
circumstances
psychological
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well
physical
might
relevant
patient
present
statute
afford
broad
discretion
physician
instead
conditions
potential
criminal
liability
confusing
ambiguous
criteria
therefore
presents
serious
problems
notice
discriminatory
application
chilling
effect
exercise
constitutional
rights
vagueness
requirement
compounded
fact
act
subjects
physician
potential
criminal
liability
without
regard
fault
see
supra
physician
fails
abide
standard
care
sufficient
reason
believe
fetus
may
viable
subject
civil
criminal
liability
pertain
fetus
child
intended
born
aborted
sure
pennsylvania
law
criminal
homicide
made
applicable
physician
conditions
guilt
upon
finding
scienter
see
stat
tit
purdon
supp
required
mental
state
however
intentionally
knowingly
recklessly
negligently
caus
ing
death
another
human
thus
pennsylvania
law
criminal
homicide
requires
scienter
respect
whether
physician
actions
result
death
fetus
neither
pennsylvania
law
criminal
homicide
abortion
control
act
requires
physician
culpable
failing
find
sufficient
reason
believe
fetus
may
viable
long
recognized
constitutionality
vague
statutory
standard
closely
related
whether
standard
incorporates
requirement
mens
rea
see
example
gypsum
papachristou
jacksonville
boyce
motor
lines
absence
scienter
requirement
provision
directing
physician
determine
whether
fetus
may
viable
statute
little
trap
act
good
faith
ragen
perils
strict
criminal
liability
particularly
acute
uncertainty
viability
determination
record
case
indicates
physician
determines
whether
fetus
viable
considering
number
variables
gestational
age
fetus
derived
reported
menstrual
history
woman
fetal
weight
based
inexact
estimate
size
condition
uterus
woman
general
health
nutrition
quality
available
medical
facilities
factors
number
imprecision
variables
probability
particular
fetus
obtaining
meaningful
life
outside
womb
determined
difficulty
moreover
record
indicates
even
agreement
may
reached
probability
survival
different
physicians
equate
viability
different
probabilities
survival
physicians
refuse
equate
viability
numerical
probability
face
uncertainties
unlikely
experts
disagree
whether
particular
fetus
second
trimester
advanced
stage
viability
prospect
disagreement
conjunction
statute
imposing
strict
civil
criminal
liability
erroneous
determination
viability
profound
chilling
effect
willingness
physicians
perform
abortions
near
point
viability
manner
indicated
best
medical
judgment
hold
provision
void
face
need
decide
whether
properly
drafted
statute
finding
bad
faith
type
scienter
required
physician
held
criminally
responsible
erroneous
determination
viability
reaffirm
however
determination
whether
particular
fetus
viable
must
matter
judgment
responsible
attending
physician
planned
parenthood
central
missouri
danforth
state
regulation
impinges
upon
determination
constitutional
must
allow
attending
physician
room
needs
make
best
medical
judgment
doe
bolton
also
conclude
provision
impermissibly
vague
provision
applies
requires
physician
exercise
degree
professional
skill
care
diligence
preserve
life
health
fetus
person
required
exercise
order
preserve
life
health
fetus
intended
born
aborted
abortion
technique
employed
shall
provide
best
opportunity
fetus
aborted
alive
long
different
technique
necessary
order
preserve
life
health
mother
district
took
extensive
testimony
various
physicians
understanding
requirement
testimony
illuminating
asked
method
abortion
prefer
use
second
trimester
absence
plaintiffs
experts
said
thought
saline
method
choice
described
method
involving
removal
amniotic
fluid
injection
saline
solution
amniotic
sac
see
planned
parenthood
central
missouri
danforth
physicians
agreed
however
saline
nearly
always
fatal
fetus
commonly
assumed
method
prohibited
statute
plaintiffs
defendants
respectively
asked
method
choice
opinions
differed
widely
preferences
ranged
abortion
prostaglandin
infusion
hysterotomy
oxytocin
induction
method
generally
conceded
involved
disadvantages
perspective
woman
hysterotomy
type
caesarean
section
procedure
generally
considered
highest
incidence
fetal
survival
abortifacients
hysterotomy
however
associated
risks
attendant
upon
operative
procedure
involving
anesthesia
incision
tissue
physicians
agreed
future
children
born
woman
hysterotomy
delivered
caesarean
section
likelihood
rupture
scar
testifying
physicians
direct
experience
prostaglandins
described
drugs
stimulate
uterine
contractibility
inducing
premature
expulsion
fetus
see
planned
parenthood
central
missouri
danforth
generally
agreed
incidence
fetal
survival
prostaglandins
significantly
greater
saline
several
physicians
testified
however
prostaglandins
undesirable
side
effects
nausea
vomiting
headache
diarrhea
indicated
unsafe
patients
history
asthma
glaucoma
hypertension
cardiovascular
disease
epilepsy
see
wynn
scott
supp
nd
one
physician
recommended
oxytocin
induction
doubted
however
whether
procedure
fully
effective
cases
indicated
procedure
prolonged
expensive
parties
acknowledge
disagreement
among
medical
authorities
relative
merits
safety
different
abortion
procedures
may
used
second
trimester
see
brief
appellants
appellants
submit
however
legally
relevant
considerations
alternatives
exist
among
abortifacients
physician
mindful
state
interest
protecting
viable
life
must
make
competent
good
faith
medical
judgment
feasibility
protecting
fetus
chance
survival
manner
consistent
life
health
pregnant
woman
read
however
much
problematical
statute
clearly
specify
appellants
imply
woman
life
health
must
always
prevail
fetus
life
health
conflict
woman
life
health
mentioned
first
part
stated
standard
care
sets
forth
general
duty
viable
fetus
mentioned
second
part
deals
choice
abortion
procedures
moreover
second
part
standard
directs
physician
employ
abortion
technique
best
suited
fetal
survival
long
different
technique
necessary
order
preserve
life
health
mother
emphasis
supplied
context
word
necessary
suggests
particular
technique
must
indispensable
woman
life
health
merely
desirable
may
adopted
life
health
mother
used
construed
courts
commonwealth
mean
necessarily
imply
factors
relevant
welfare
woman
may
taken
account
physician
making
decision
cf
vuitch
doe
bolton
consequently
uncertain
whether
statute
permits
physician
consider
duty
patient
paramount
duty
fetus
whether
requires
physician
make
woman
health
additional
percentage
points
fetal
survival
serious
ethical
constitutional
difficulties
address
lurk
behind
ambiguity
hold
conflicting
duties
magnitude
involved
state
least
must
proceed
greater
precision
may
subject
physician
possible
criminal
sanctions
appellants
suggestion
requires
physician
make
selection
proper
abortion
procedure
finds
support
either
language
authoritative
interpretation
statute
certainly
nothing
suggest
mens
rea
requirement
respect
decision
whether
particular
abortion
method
necessary
order
preserve
life
health
woman
choice
appropriate
abortion
technique
record
case
amply
demonstrates
complex
medical
judgment
experts
disagree
lack
scienter
requirement
exacerbates
uncertainty
statute
conclude
provision
like
requirement
void
vagueness
judgment
district
affirmed
ordered
footnotes
every
person
performs
induces
abortion
shall
prior
thereto
made
determination
based
experience
judgment
professional
competence
fetus
viable
determination
fetus
viable
sufficient
reason
believe
fetus
may
viable
shall
exercise
degree
professional
skill
care
diligence
preserve
life
health
fetus
person
required
exercise
order
preserve
life
health
fetus
intended
born
aborted
abortion
technique
employed
shall
provide
best
opportunity
fetus
aborted
alive
long
different
technique
necessary
order
preserve
life
health
mother
person
fails
make
determination
provided
subsection
section
fails
exercise
degree
professional
skill
care
diligence
provide
abortion
technique
provided
subsection
section
shall
subject
civil
criminal
liability
pertain
fetus
child
intended
born
aborted
designated
september
pursuant
statute
repealed
pub
stat
repeal
apply
action
commenced
august
plaintiffs
named
complaint
amended
planned
parenthood
association
southeastern
pennsylvania
nonprofit
corporation
appellee
john
franklin
licensed
obstetrician
gynecologist
medical
director
planned
parenthood
concern
health
options
information
care
education
choice
nonprofit
corporation
clergy
consultation
service
northeastern
pennsylvania
voluntary
organization
later
appellee
obstetrical
society
philadelphia
intervened
party
plaintiff
named
original
defendants
emmett
fitzpatrick
district
attorney
philadelphia
county
helene
wohlgemuth
secretary
welfare
commonwealth
pennsylvania
subsequently
commonwealth
attorney
general
commonwealth
intervened
parties
defendant
district
ruling
challenge
eventually
dismissed
planned
parenthood
choice
clergy
consultation
plaintiffs
planned
parenthood
assn
fitzpatrick
supp
present
posture
case
consequence
suit
franklin
obstetrical
society
aldo
colautti
present
secretary
welfare
attorney
general
commonwealth
district
attorney
agree
district
ruling
cited
opinion
doe
bolton
plaintiff
physicians
standing
challenge
claims
present
justiciable
controversy
see
planned
parenthood
central
missouri
danforth
preliminarily
enjoined
enforcement
requirements
penal
provisions
requirements
restriction
abortions
subsequent
viability
requirement
reporting
provisions
penal
provisions
restrictions
funding
abortions
definitions
viable
informed
consent
record
doc
see
planned
parenthood
assn
fitzpatrick
ruled
present
action
determined
class
action
behalf
class
pennsylvania
physicians
perform
abortions
counsel
female
patients
regard
family
planning
pregnancy
including
option
abortion
members
obstetrical
society
philadelphia
practice
pennsylvania
record
doc
see
also
doe
zimmerman
supp
md
maher
roe
ruled
state
may
withhold
funding
indigent
women
even
though
withholding
influences
abortion
decision
prior
viability
however
reaffirmed
state
period
may
impose
direct
obstacles
criminal
penalties
interest
potential
life
fetus
introduced
evidence
modern
medical
technology
makes
possible
detect
whether
fetus
afflicted
disorders
disease
syndrome
mongolism
testing
however
often
completed
weeks
gestation
app
testimony
hope
punnett
ph
appellants
argue
abstention
required
issue
appropriate
given
extent
vagueness
afflicts
abstain
sua
sponte
see
bellotti
baird
statute
says
viable
means
includes
capability
fetus
live
outside
mother
womb
albeit
artificial
aid
rule
definition
declares
term
means
excludes
meaning
stated
sands
statutes
statutory
construction
ed
supp
since
ruling
today
confined
conclusion
requirement
impermissibly
vague
merit
dissenting
opinion
suggestion
post
tacitly
disown
ed
definition
viability
set
forth
roe
planned
parenthood
contrary
noted
supra
reaffirm
said
decisions
critical
concept
section
provide
determination
viability
based
physician
experience
judgment
professional
competence
subjective
standard
keyed
physician
individual
skill
abilities
however
different
requirement
physician
culpable
blameworthy
performance
standard
moreover
noted
ambiguous
whether
subjective
language
applies
second
condition
activates
duty
fetus
namely
sufficient
reason
believe
fetus
may
viable
requirement
specific
intent
prohibited
act
may
avoid
consequences
accused
may
otherwise
render
vague
indefinite
statute
invalid
requirement
act
must
willful
purposeful
may
render
certain
purposes
statutory
definition
crime
respects
uncertain
relieve
statute
objection
punishes
without
warning
offense
accused
unaware
screws
plurality
opinion
see
app
testimony
louis
gerstley
iii
testimony
thomas
hilgers
testimony
william
keenan
see
testimony
gerstley
viability
means
chance
survival
certainly
least
two
three
percent
testimony
keenan
chance
survival
viable
deposition
john
franklin
viability
means
ten
percent
better
probability
survival
testimony
arturo
hervada
misleading
obsessed
particular
percentage
figure
dissenting
opinion
questions
whether
alleged
vagueness
provision
properly
us
since
said
issue
reached
district
however
declared
unconstitutional
entirety
including
requirement
provision
app
appellees
prevailing
parties
may
course
assert
ground
support
judgment
whether
ground
relied
upon
even
considered
trial
dandridge
williams
planned
parenthood
central
missouri
danforth
struck
provision
similar
first
part
provision
ground
applied
stages
gestation
period
subsequent
viability
except
extent
also
alleged
apply
prior
point
viability
contention
reach
see
supra
appellees
challenge
provision
overbreadth
grounds
app
testimony
gerstley
testimony
franklin
see
testimony
franklin
testimony
fred
mecklenburg
testimony
dilation
curettage
dilation
suction
two
common
methods
abortion
first
trimester
normally
used
second
trimester
testimony
mecklenburg
testimony
franklin
testimony
mecklenburg
testimony
hilgers
see
testimony
gerstley
testimony
franklin
see
testimony
gerstley
testimony
franklin
see
testimony
gerstley
testimony
mecklenburg
testimony
hilgers
testimony
gerstley
appellants
argue
suggest
abstain
passing
issue
see
supra
justice
white
chief
justice
justice
rehnquist
join
dissenting
withdraws
substantial
measure
power
protect
fetal
life
reserved
roe
wade
reaffirmed
planned
parenthood
central
missouri
danforth
file
dissent
roe
wade
defined
term
viability
signify
stage
fetus
potentially
able
live
outside
mother
womb
albeit
artificial
aid
point
state
interest
protecting
fetal
life
becomes
sufficiently
strong
permit
go
far
proscribe
abortion
period
except
necessary
preserve
life
health
mother
obviously
crafted
definition
viability
care
chose
define
term
stage
development
fetus
actually
able
actually
ability
survive
outside
mother
womb
without
artificial
aid
point
fetus
potentially
able
survive
ordinary
usage
words
able
potentially
able
mean
thing
potential
ability
actual
ability
ability
xisting
possibility
actuality
webster
new
international
dictionary
ed
definition
viability
roe
wade
reaches
earlier
point
development
fetus
stage
doctor
say
assurance
fetus
survive
outside
womb
background
pennsylvania
statute
issue
adopted
district
judgment
entered
insofar
roe
wade
concerned
pennsylvania
defined
viability
language
case
potentially
able
live
outside
mother
womb
forbidden
abortions
stage
pregnancy
pennsylvania
act
however
go
far
forbade
entirely
abortions
fetus
attained
viability
defined
act
fetus
capability
live
outside
mother
womb
albeit
artificial
aid
stat
tit
purdon
emphasis
added
state
understanding
also
power
roe
wade
regulate
fetus
potentially
able
exist
outside
womb
also
sought
regulate
forbid
abortions
sufficient
reason
believe
fetus
may
viable
language
reasonably
believed
state
equivalent
meant
term
potentially
able
live
outside
mother
womb
abortionists
must
determine
whether
fetus
viable
also
whether
sufficient
reason
believe
fetus
may
viable
either
condition
exists
method
abortion
regulated
standard
care
imposed
breach
regulations
exposes
abortionist
civil
criminal
penalties
applicable
live
birth
rather
abortion
intended
original
opinion
judgment
planned
parenthood
assn
fitzpatrick
supp
ed
invalidated
two
grounds
first
required
determination
viability
term
defined
held
unenforceably
vague
second
section
required
determination
fetus
may
viable
thought
regulate
period
time
prior
viability
therefore
considered
invalid
cases
district
disturbed
fact
opinion
declared
term
viability
used
opinion
roe
wade
hopelessly
vague
since
understood
opinion
also
given
specific
content
term
held
state
consider
fetus
viable
prior
week
pregnancy
concrete
guidance
may
viable
provision
tend
ed
carve
period
time
potential
viability
might
cover
period
weeks
gestation
state
unlawfully
regulating
second
trimester
sought
enforce
also
invalidated
section
forbade
abortions
viability
also
fell
challenge
vagueness
district
judgment
pending
appeal
planned
parenthood
central
missouri
danforth
supra
argued
decided
state
act
defined
viability
stage
fetal
development
life
unborn
child
may
continued
indefinitely
outside
womb
natural
artificial
systems
definition
attacked
impermissibly
expanding
roe
wade
definition
viability
mere
possibility
momentary
survival
argued
proper
standard
cases
also
argued
may
language
missouri
statute
vulnerable
reasons
may
provision
pennsylvania
statute
invalidated
district
case
us
brief
appellants
pp
quoting
planned
parenthood
assn
fitzpatrick
supra
however
rejected
arguments
sustained
missouri
definition
consistent
roe
even
read
conjunction
another
section
act
proscribed
abortions
necessary
preserve
life
health
mother
unless
attending
physician
first
certifies
reasonable
medical
certainty
fetus
viable
reached
stage
may
exist
indefinitely
outside
mother
womb
noted
one
appellant
doctors
particular
difficulty
statutory
definition
added
missouri
definition
might
well
considered
favorable
complainants
roe
definition
since
point
life
continued
indefinitely
outside
womb
may
well
occur
later
pregnancy
point
fetus
potentially
able
live
outside
mother
womb
went
make
clear
proper
function
legislature
courts
place
viability
specific
point
gestation
period
flexibility
term
essentially
medical
concept
preserved
ibid
plainly
reaffirmed
held
roe
wade
viability
refers
stage
development
fetus
actually
capability
existing
outside
womb
also
stage
fetus
may
ability
also
reaffirmed
time
viability
understood
state
power
prohibit
abortions
except
necessary
preserve
life
health
mother
light
danforth
several
aspects
district
judgment
fitzpatrick
case
highly
questionable
judgment
accordingly
vacated
remanded
district
reconsideration
beal
franklin
drastically
modified
judgment
eventuated
term
viability
deemed
vague
hence
definition
term
proscription
abortions
sustained
district
however
conclusory
opinion
adhered
prior
view
unconstitutional
insofar
related
affirmance
district
judgment
untenable
district
originally
thought
vague
term
viability
vague
scotched
notion
danforth
district
sustained
pennsylvania
definition
viability
necessarily
nullified
major
reason
prior
invalidation
incorporated
supposedly
vague
standard
district
also
said
may
viable
standard
invalid
impermissible
effort
regulate
period
potential
viability
sole
remaining
articulated
ground
invalidating
ground
urged
rejected
danforth
sustained
missouri
provision
defining
viability
stage
fetus
may
ability
survive
outside
womb
reaffirmed
flexible
concept
viability
announced
roe
affirming
district
many
words
agree
district
argues
difficult
know
whether
pennsylvania
act
simply
intended
state
urges
go
roe
permitted
protecting
fetus
potentially
able
survive
whether
intended
carve
protected
period
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defined
roe
district
although
otherwise
seriously
error
trouble
act
understood
may
viable
provision
attempt
protect
period
potential
life
precisely
kind
interest
roe
protected
district
erroneously
thought
state
entitled
protect
danforth
said
reaffirmed
roe
respect
unalterable
determination
invalidate
pennsylvania
act
draw
measurable
difference
insofar
vagueness
concerned
viability
defined
ability
survive
viability
defined
stage
fetus
may
ability
survive
seems
affirming
tacitly
disowning
may
standard
missouri
law
well
potential
ability
component
viability
concept
described
roe
constitutionally
unwarranted
intrusion
upon
police
powers
ii
apparently
uneasy
work
searched
seized
upon
two
additional
reasons
support
affirmance
neither
relied
upon
district
first
notes
failure
make
determinations
required
otherwise
comply
provisions
subjects
abortionist
criminal
prosecution
laws
pertain
fetus
child
intended
born
aborted
although
concededly
pennsylvania
law
criminal
homicide
conditions
guilt
upon
finding
defendant
intentionally
knowingly
recklessly
negligently
caused
death
another
human
nevertheless
goes
declare
abortionist
successfully
prosecuted
criminal
homicide
without
fault
omission
determining
whether
fetus
viable
may
viable
alleged
lack
scienter
requirement
says
fortifies
holding
void
vagueness
seems
incredible
construction
pennsylvania
statutes
district
suggested
nothing
sort
appellees
focus
entirely
ignoring
homicide
statutes
latter
define
specified
degrees
scienter
required
various
homicides
also
provide
ignorance
mistake
matter
fact
reasonable
explanation
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homicide
charge
negatives
mental
state
necessary
conviction
stat
tit
purdon
given
background
see
seriously
argued
doctor
makes
mistake
whether
fetus
viable
successfully
prosecuted
criminal
homicide
state
submission
address
matter
least
something
decide
without
hearing
pennsylvania
courts
secondly
proceeds
find
provision
impermissibly
vague
particularly
asserted
lack
mens
rea
requirement
unable
agree
first
place
district
found
fault
viability
may
viable
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provision
furthermore
complaint
expressly
attack
ground
plaintiffs
request
findings
conclusions
challenged
section
grounds
overbreadth
vagueness
viability
may
viable
provisions
request
invalidate
provision
also
plaintiffs
brief
dealt
matter
tangential
way
appellees
took
although
argue
matter
brief
merits
question
whether
entitled
still
another
provision
pennsylvania
act
declared
unconstitutional
first
instance
thereby
extent
expanding
relief
obtained
new
york
telephone
event
join
determined
attack
pennsylvania
statute
case
mistaken
viability
determination
basis
asserting
lack
scienter
requirement
prosecution
violating
provision
agree
state
remotest
chance
abortionist
prosecuted
basis
goodfaith
mistake
regarding
whether
abort
respect
abortion
technique
used
substantial
doubt
complain
lack
authoritative
state
construction
direct
abstention
permit
state
courts
address
issues
light
pennsylvania
homicide
laws
courts
much
familiar
federal
iii
although
seems
considerably
narrowed
scope
power
forbid
regulate
abortions
reasonably
expected
enjoy
roe
danforth
yet
invalidated
statute
simply
requiring
abortionists
determine
whether
fetus
viable
forbidding
abortion
viable
fetus
except
necessary
save
life
health
mother
yet
ruled
abortionist
determination
viability
standard
must
final
immune
civil
criminal
attack
sections
pennsylvania
law
example
remain
undisturbed
district
judgment
judgment
done
issue
warning
name
vagueness
attempt
forbid
regulate
abortions
chance
survival
fetus
sufficiently
large
abortionist
considers
fetus
viable
edict
constitutional
warrant
join
district
observed
roe
makes
abundantly
clear
compelling
point
state
interest
fetal
life
may
regulate
even
prohibit
abortion
week
gestation
fetus
point
recognized
fetus
presumably
capability
meaningful
life
outside
mother
womb
consequently
roe
recognizes
two
periods
concerning
fetuses
period
prior
viability
state
may
regulate
interest
fetal
life
period
viability
may
prohibit
altogether
regulate
sees
fit
may
viable
provision
section
tends
carve
third
period
time
potential
viability
planned
parenthood
assn
fitzpatrick
supp
ed
emphasis
added
unquestionably
rehabilitating
satisfy
opinion
far
extensive
difficult
task
state
faced
district
ruling