CAREY, STATE'S ATTORNEY OF COOK COUNTY, ILLINOIS
v.
WYNN ET AL.
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Appeals from a declaratory judgment alone are dismissed for want of jurisdiction.
A three-judge District Court declared certain sections of the Illinois Abortion Act of 1975 unconstitutional. The District Court denied injunctive rel…
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Per Curiam.
A three-judge District Court entered a declaratory judgment holding unconstitutional certain sections of the Illinois Abortion Act of 1975, Ill. Rev. Stat., ch. 38, § 81-21 et seg. (Supp. 1976). Wynn v. Scott, 449 F. Supp. 1302 (ND Ill. 1978). The District Court assumed that Illinois prosecutors would recognize and abide by the declaratory judgment and denied plaintiffs’ request for injunctive relief. Id., at 1331.
The appeals from the declaratory judgment invalidating certain provisions of the statute are dismissed for want of jurisdiction. Title 28 U. S. C. § 1253, the jurisdictional statute under which these appeals are taken, does not authorize an appeal from the grant or denial of declaratory relief alone. Gerstein v. Coe, 417 U. S. 279 (1974). The declaratory judgment is appealable to the Court of Appeals, and we are informed that appeals to that court have been taken.
Appeals dismissed.
Mr. Justice Stevens took no part in the consideration or decision of these cases.
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Planned Parenthood Ass'n OF Chicago Area v. Kempiners, 700 F.2d 1115 (7th Cir. 1983)…cially created prudential restraints upon its exercise. See Warth v. Seldin, 422 U.S. 490, 498-502, 95 S.Ct. 2197, 2204r-2207, 45 L.Ed.2d 343 (1975); Wynn v. Scott, 449 F.Supp. 1302, 1308-09 (N.D.Ill.) (three-judge district court), appeal dismissed, 439 U.S. 8, 99 S.Ct. 49, 58 L.Ed.2d 7 (1978), aff’d, 599 F. 2d 193 (7th Cir.1979). To satisfy the constitutional minima of standing, appellant Planned Parenthood must show that it has suffered, or is threatened by, a “distinct and palpable injury,” Warth v. Se…
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Planned Parenthood Ass'n OF Kan. City v. Ashcroft, 655 F.2d 848 (8th Cir. 1981)…. 1340 (D.N.D.1980); Margaret S. v. Edwards, 488 F.Supp. 181, 210-11 (E.D.La.1980); Akron Center for Reproductive Health v. City of Akron, 479 F.Supp. 1172, 1203 (N.D.Ohio 1979); Wynn v. Scott, 449 F.Supp. 1302, 1316-17 (N.D.Ill.), appeal dismissed, 439 U.S. 8, 99 S.Ct. 49, 58 L.Ed.2d 7 (1978), aff’d, 599 F. 2d 193 (7th Cir. 1979). . Abortion is defined under Missouri law as “the intentional destruction of the life of an embryo or fetus in his or her mother’s womb or the intentional termination of the pr…1 / 2
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Chris Simopoulos, M.D. v. Va. State Bd. OF Med., 644 F.2d 321 (4th Cir. 1981)…utional. Margaret S. v. Edwards, 488 F.Supp. 181, 191-96 (E.D.La.1980); Planned Parenthood Ass’n of Kansas City v. Ashcroft, 483 F.Supp. 679, 685-87 (W.D.Mo.1980); contra, Wynn v. Scott, 449 F.Supp. 1302, 1317, 1318 (N.D.Ill.1978), appeal dismissed, 439 U.S. 8, 99 S.Ct. 49, 58 L.Ed.2d 7, aff'd 599 F. 2d 193 (7th Cir. 1979). . The pertinent text of Gibson is quoted, supra, in Part I. . The punishment imposed by the judge would not have prevented the doctor from continuing his practice. The court suspende…
Authorities Cited
- Gerstein v. COE, 417 U.S. 279 (U.S. 1974)