GERSTEIN ET AL.
v.
COE ET AL.
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Florida's statute requiring spousal consent for married women's abortions and parental consent for unmarried minors' abortions was declared unconstitutional by a district court, but the Supreme Court dismissed Florida's appeal for lack of jurisdiction because federal law does not authorize direct appeals from declaratory judgments alone, and the Court also denied a petition for early certiorari review.
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Per Curiam.
A three-judge District Court entered a declaratory-judgment holding unconstitutional a Florida statute, Fla. Stat. Ann. §458.22 (3) (Supp. 1974^-1975), which forbids an abortion without the consent of the husband, if the woman is married, and if unmarried and under the age of 18, without the consent of a parent. Because it was anticipated that the State would respect the declaratory judgment, the court declined to issue an injunction against the enforcement of the statute. The State of Florida appeals from the declaratory judgment invalidating the statute. The appeal ' is dismissed for want of jurisdiction. Title 28 U.
S. C. § 1253, under which this appeal is sought to be taken, does not authorize an appeal from the grant or denial of declaratory relief alone. Gunn v. University Committee, 399 U. S. 383 (1970); Mitchell v. Donovan, 398 U. S. 427 (1970); Rockefeller v. Catholic Medical Center of Brooklyn & Queens, Inc., Division of St. Mary’s Hospital, 397 U. S. 820 (1970); see also Roe v. Wade, 410 U. S. 113, 123 (1973). The declaratory judgment is appealable to the Court of Appeals, and we are informed that an appeal to that court has already been taken. It is suggested that we treat the statement of jurisdiction as a petition for certiorari before judgment to the Court of Appeals pursuant to 28 U.
S. C. § 1254 (1). The petition for certiorari is denied.
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Beal v. DOE, 432 U.S. 438 (U.S. 1977)…l of declaratory relief with respect to the second and third trimesters of pregnancy. Since respondents did not seek review of the District Court’s denial of injunctive relief, the Court of Appeals had jurisdiction over the appeals. Gerstein v. Coe, 417 U. S. 279 (1974). As a result of the decision of the Court of Appeals, petitioners issued a Temporary Revised Policy on September 25, 1975. This interim policy allows financial assistance for abortions without regard to medical necessity. Brief for Petitione…
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Vance v. Universal Amusement Co., Inc., 445 U.S. 308 (U.S. 1980)…ior restraint on the exercise of First Amendment rights. Because the three-judge District Court granted only declaratory and not injunctive relief, the State appealed to the United States Court of Appeals for the Fifth Circuit. See Gerstein v. Coe, 417 U. S. 279 (1974). A divided panel of that court reversed. 559 F. 2d 1286 (1977). The panel [*313] majority acknowledged that if Art. 4666 authorized the closing of a motion picture theater for all uses for a year, it “would pose serious first amendment questi…
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Universal Amusement Co., Inc. v. Vance, 587 F.2d 159 (5th Cir. 1978)…te’s obscenity definition. Because this is an appeal from the grant of declaratory relief alone, the Supreme Court is without jurisdiction to hear a direct appeal under 28 U.S.C. § 1253, and the appeal is properly before this Court. Gerstein v. Coe, 417 U.S. 279, 94 S.Ct. 2246, 41 L.Ed.2d 68 (1974); Beal v. Doe, 432 U.S. 438, 443, 97 S.Ct. 2366, 53 L.Ed.2d 464 n.5 (1977).5 I. The only issue on appeal6 is the constitutionality of the Texas nuisance stat [*164] utes as applied to obscenity, although this qu…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- ROE v. Wade, 410 U.S. 113 (U.S. 1973)
- Mitchell v. Donovan, 398 U.S. 427 (U.S. 1970)
- Gunn v. Univ. Comm. to End the War in Viet Nam, 399 U.S. 383 (U.S. 1970)
- Rockefeller v. Catholic Med. Ctr. of Brooklyn & Queens, Inc., 397 U.S. 820 (U.S. 1970)