| Venue: | SCOTUS |
| Facts: | TX (and GA) outlaw abortion somehow. |
| Posture: | Appeal from federal court. |
| Issue: | Is the criminal abortion legislation constitutional? |
| Holding: | No. |
| Rule: | Statute-like articulation of what is acceptable. |
| Reasoning: | This is obviously a sensitive and emotional issue. Our duty is to resolve this without emotion or predilection. |
| Dicta: | The constitution is made for people of fundamentally differing views.
Rhenquist (dissenting): The fact that the majority of states, reflecting a majority of the public, have had restrictions on abortion for long time indicates that as a society we don't think this right is fundamental. White (dissenting): this is a raw exercise of judicial power. We're denying the legislatures and the people to weigh in on this topic. |