Beal v. Doe
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| Beal v. Doe | ||||||||||
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| Holding | ||||||||||
| The constitutionally protected right of abortion does not mean that states have to treat potential motherhood and abortion in the same manner. | ||||||||||
| Court membership | ||||||||||
| Chief Justice: Warren E. Burger Associate Justices: William J. Brennan, Jr., Potter Stewart, Byron White, Thurgood Marshall, Harry Blackmun, Lewis F. Powell, Jr., William Rehnquist, John Paul Stevens |
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| Case opinions | ||||||||||
| Majority by: Powell Joined by: Burger, Stewart, White, Rehnquist, Stevens Dissent by: Brennan Joined by: Marshall, Blacknum Dissent by: Marshall Dissent by: Blacknum Joined by: Brennan, Marshall |
Beal v. Doe, , was a United States Supreme Court case that concerned the disbursement of federal funds in Pennsylvania. Pennsylvania statute restricted federal funding to abortion clinics. The Supreme Court ruled states are not required to treat abortion in the same manner as potential motherhood. The opinion of the Court left the central holding of the Roe v. Wade decision — abortion as a right — intact. The statute was upheld, with Justice Powell writing the majority opinion.
Justices Stewart, Burger, White, Stevens, and Rehnquist joined Powell's opinion. The opinion did not disregard Roe, instead Beal reaffirmed abortion as a right. The majority opinion asserts the constitutionally protected right of abortion does not mean that states have to treat potential motherhood and abortion in the same manner. Furthermore, the opinion allowed restriction of federal funding in first trimester of abortion. Powell continued by stating the law does not create poverty that hinders poor women from seeking abortion. In addition, Powell defends states preference in birth over abortion by claiming Roe does not bar preference.
[edit] See also
- List of United States Supreme Court cases, volume 432
- Maher v. Roe,
- Poelker v. Doe,
[edit] Further reading
- Gall-Clayton, N. (1978). "Beal, Maher and Poelker: The End of an Era". Journal of Family Law 17: 49. ISSN 0891-6330.
- Hull, N. E. H.; Hoffer, Peter C. (2001). Roe v. Wade: The Abortion Rights Controversy in American History. Lawrence, Kan.: University Press of Kansas. ISBN 0700611428.
[edit] External links
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