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Constitutional Law Keyed to Choper
Doe v. Bolton
Citation:
410 U.S. 179 (1973)Facts
Mary Doe was a 22-year-old Georgia citizen who was nine weeks pregnant when she filed suit. She had three living children, two in foster care and one placed for adoption due to her poverty and inability to care for them. She had previously been a mental patient at the State Hospital and was living with her indigent parents and their eight children. Her husband, a sporadically employed construction worker, had recently abandoned her but they had reconciled. Doe applied for an abortion at Grady Memorial Hospital but was denied because her situation did not meet the statutory requirements. Georgia’s 1968 abortion statute permitted abortions only when pregnancy endangered the mother’s life or health, when the fetus would likely be born with a grave defect, or when pregnancy resulted from rape. The statute also required: residency in Georgia; concurrence by two additional physicians; performance in a JCAH-accredited hospital; advance approval by a hospital committee; and various documentation requirements.
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