FLESCH
v.
OHIO

U.S. | 1973-02-26
No. 72-5829
Mr. Justice Douglas would note probable jurisdiction and set case for oral argument.
410 U.S. 949 Supreme Court of the United States (1973) Positive Treatment
Cited by 2 cases

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  • De Ayala v. Fla. Farm Bureau Cas. Ins. Co., 543 So. 2d 204 (Fla. 1989)
    …00 S.Ct. 1276, 63 L.Ed.2d 600 (1980). If any rights exist, they belong to the decedent’s next of kin. (Emphasis added.) See also Byrn v. New York City Health & Hosps. Corp., 31 N.Y.2d 194, 286 N.E. 2d 887, 335 N.Y.S.2d 390 (1972), appeal dismissed, 410 U.S. 949, 93 S.Ct. 1414, 35 L.Ed.2d 683 (1973). It is an established principle that neither a decedent nor anyone on a decedent’s behalf is entitled to assert a claim based on the decedent’s constitutional rights. It therefore necessarily follows that neithe…
  • …, this Court remanded for reconsideration a pending Missouri federal case in which the State's then-existing abortion legislation [*56], Mo. Rev. Stat. §§ 559.100, 542.380, and 563.300 (1969), was under constitutional challenge. Rodgers v. Danforth, 410 U. S. 949 (1973). A three-judge federal court for the Western District of Missouri, in an unreported decision, thereafter declared the challenged Missouri statutes unconstitutional and granted injunctive relief. On appeal here, that judgment was summarily aff…

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