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Doe v. Bolton | 410 U.S. 179 (1973)

In Roe versus Wade, the Supreme Court recognized abortion as a constitutional right and held that any laws restricting abortion must survive strict-scrutiny review. The very same day, the Court applied that standard of review to determine the constitutionality of a Georgia abortion law.

Georgia made it a crime to perform abortions except when a woman’s treating physician deemed an abortion necessary because the fetus had a serious defect, or the pregnancy resulted from rape or jeopardized the woman’s health. However, even if the treating physician deemed an abortion necessary, the physician could only perform the abortion if the procedure took place at an accredited hospital, a hospital committee preapproved the abortion, two other doctors independently examined the woman and concurred with the treating physician’s judgment, and the woman was a Georgia resident. The law also reserved the right of individual hospitals and physicians to refrain from providing abortions altogether on moral and religious grounds.

Shortly after the law’s enactment, Mary Doe, a pregnant woman who was denied an abortion, and several abortion providers sued Georgia attorney general Arthur Bolton in federal district court, challenging the law as facially unconstitutional. Georgia argued that the law achieved compelling state interests, namely, protecting pregnant women from dangers of abortion procedures, preserving lives of unborn children, and protecting religious rights of denominational hospitals and physicians.

The district court struck down the section of the law that permitted abortions in only three circumstances but upheld the law’s residency and preabortion procedural conditions. The United States Supreme Court granted cert to review the latter part of the district court’s judgment.

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