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Doe v. Bolton

Doe v. Bolton is a significant Supreme Court case decided in 1973 that addressed the constitutionality of Georgia's restrictive abortion laws. Prior to this ruling, Georgia's legislation allowed abortions only if deemed medically necessary, required approvals from hospital committees, and mandated that procedures be conducted in licensed hospitals. The case emerged in the context of broader debates on women's reproductive rights and autonomy, particularly following the landmark decision in Roe v. Wade, which recognized a woman's right to choose an abortion. In Doe v. Bolton, the Supreme Court ruled that the restrictive requirements imposed by Georgia violated a woman's fundamental right to terminate a pregnancy before viability. The Court emphasized the application of strict scrutiny in evaluating whether laws that limit access to abortion are justified. This decision played a crucial role in shaping the legal landscape surrounding reproductive rights in the United States, reflecting ongoing discussions about individual choice, medical ethics, and state regulation.

Published in: 2022
By: Lewis, Thomas Tandy
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Doe v. Bolton

Date: January 22, 1973

Citation: 410 U.S. 179

Issue: Abortion

Significance: In a companion case to Roe v. Wade (1973), the Supreme Court ruled that Georgia’s restrictions on a woman’s right to terminate a pregnancy were unconstitutional.

Before the Supreme Court’s 1973 decision in Doe v. Bolton, Georgia’s abortion legislation stipulated that only medically necessary abortions were allowed and that abortions were available only to state residents. In addition, all abortions had to be performed in licensed hospitals and approved beforehand by a hospital committee, with two physicians concurring that the abortion was necessary. Based on the principles established in Roe v. Wade (1973), decided on the same day, the Court found that all these regulations infringed on a woman’s fundamental right to terminate an unwanted pregnancy before the fetus attains viability. The Doe decision made it clear that the Court would apply the strict scrutiny test in deciding whether restraints on abortions were permissible.