词条 | Colautti v. Franklin |
释义 |
| Litigants = Colautti v. Franklin | ArgueDate = October 3 | ArgueYear = 1978 | DecideDate = January 9 | DecideYear = 1979 | FullName = Colautti, Secretary of Welfare of Pennsylvania, et al. v. Franklin, et al. | USVol = 439 | USPage = 379 | ParallelCitations = 99 S. Ct. 675; 58 L. Ed. 2d 596 | Prior = | Subsequent = | Holding = A viability-determination section of a Pennsylvania abortion statute is void for vagueness | SCOTUS = 1975-1981 | Majority = Blackmun | JoinMajority = Brennan, Stewart, Marshall, Powell, Stevens | Dissent = White | JoinDissent = Burger, Rehnquist | LawsApplied = }} Colautti v. Franklin, 439 U.S. 379 (1979), was a United States Supreme Court abortion rights case, which held void for vagueness part of Pennsylvania's 1974 Abortion Control Act. The section in question was the following:
Doctors who failed to adhere to the provisions of this section were liable to civil and criminal prosecution "as would pertain to him had the fetus been a child who was intended to be born and not aborted." Franklin and others sued, arguing that the provision was both vague and overbroad. In a 6-3 decision written by Roe author Harry Blackmun, the Supreme Court agreed, finding that requiring a determination "if... the fetus is viable or if there is sufficient reason to believe the fetus may be viable" was insufficient and impermissibly vague guidance for physicians who might face criminal liability if a jury disagrees with their judgment. See also
External links
| case = Colautti v. Franklin, {{ussc|439|379|1979|el=no}} | courtlistener =https://www.courtlistener.com/opinion/109966/colautti-v-franklin/ | justia =https://supreme.justia.com/cases/federal/us/439/379/ | loc =http://cdn.loc.gov/service/ll/usrep/usrep439/usrep439379/usrep439379.pdf | oyez =https://www.oyez.org/cases/1978/77-891{{Abortion}} 5 : United States Supreme Court cases|United States Supreme Court cases of the Burger Court|United States abortion case law|1979 in United States case law|Void for vagueness case law |
随便看 |
|
开放百科全书收录14589846条英语、德语、日语等多语种百科知识,基本涵盖了大多数领域的百科知识,是一部内容自由、开放的电子版国际百科全书。