Roe Vs

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    Roe Vs. wade!A pregnant single women brought a class action challenging theconstitutionality of the Texas criminal abortion laws, which proscribeprocuring or attempting an abortion except on a medical advise for the

    purpose of saving the mothers life. A licensed physician, who had tostate abortion prosecutions pending against him, was permitted tointervene. A childless married couple, the wife not being pregnant,separately attacking the laws basing alleged injury on the futurepossibilities on contraceptive failure, pregnancy, unprepared ness forparenthood, and impairment of wifes health. A three-judge districtcourt, which consolidated the actions, held that roe and hall ford andmember of their classes had standing to sue and presented justiciablecontroversies. Ruling that declaratory though not injunctive relief waswarranted the court declared the abortion statues void as vague andover broadly infringing those plaintiffs ninth and fourteenth

    amendment rights. The court ruled the does compliment notjusticiable. Appellants directly appealed to this court on the injunctiverulings, the appellee cross-appealed from the district courts grant ofdeclaratory relief to roe and hall ford.

    HELD:1. While 28 U.S.C 1253 authorizes no direct repeal to

    this court from the grant or denial of declaredly

    relief alone, review is not foreclosed when the case

    is properly before the court on appeal from specific

    denial or injunctive relief and the arguments as toboth injunctive and declaratory relief and necessarily

    identical.

    2. Roe has standing to sue; the does and hall ford do

    not.

    (a) Contrary to appelles contention, the natural

    termination of roes pregnancy did not moot her

    suit. Litigation involving pregnancy, which is

    capable of repetition yet envading review is

    an exception to the unusual federal rule that

    an actual controversy must exist at review

    stages and not simply when the action isinitiated.

    (b) The district court correctly refused

    injunctive, but erred to hall ford who alleged

    no federally protected right not assertable as

    a defense against the good faith state

    prosecutions pending against him Samuels v.

    Mack ell.

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    (c) The does complaint based as it is on

    contingencies anyone or more of which may not

    occur is to speculative to present an actual

    case or controversy.

    3. State criminal abortion laws, like those involved here

    that except from criminality only a life-saving procedure

    on the mothers behalf without regard to the stage of her

    pregnancy and others interests involved violate due to

    process clause of the fourteenth ademendment witch protects

    against state action the right to privacy including a

    womans qualified right to terminate her pregnancy.