Washington Law Review




Plaintiff, a physician, allegedly performed a "nontherapeutic" abortion upon a woman carrying an unquickened fetus and was subsequently prosecuted under the Wisconsin abortion statute. He brought suit in federal district court to enjoin enforcement of the statute and to obtain a declaratory judgment that the statute was unconstitutional. The injunction was denied, but the declaratory judgment was granted. Held: The state may not deprive a woman of her ninth amendment right to decide whether to carry or reject an unquickened child. Babbitz v. McCann, 310 F. Supp. 293 (E.D. Wis. 1970), appeal dismissed per curiam, 91 S. Ct. 12 (1970).

First Page