This article relies largely or entirely on a single source. Relevant discussion may be found on the talk page. Please help improve this article by introducing citations to additional sources. Find sources: "United States v. Vuitch" – news · newspapers · books · scholar · JSTOR(May 2013)
United States v. Vuitch, 402 U.S. 62 (1971), was a United States Supreme Courtabortion rights case, which held that the District of Columbia's abortion law banning the practice except when necessary for the health or life of the woman was not unconstitutionally vague.[1]
The abortion statute of the District of Columbia, banning abortion except when necessary for the health or life of the woman, is not unconstitutionally vague.
Milan Vuitch, an abortion provider in the District of Columbia, had several times come under suit for providing abortion services that the government deemed not necessary for the life or health of the woman, as required by the DC law. Vuitch challenged the law as being unconstitutionally vague with regard to the term "health;" the law did not define health in terms that would allow doctors to determine if their actions had broken the law.[2] Federal District Judge Gerhard A. Gesell agreed, dismissing Vuitch's indictment and ruling that the law failed to give the sufficient certainty required by due process of law in criminal matters.[3] Gesell's finding was the first federal court decision declaring an abortion law unconstitutional.[4]
The United States appealed the decision directly to the Supreme Court.[5]
Decisionedit
There were two questions before the court: firstly, whether the Supreme Court had jurisdiction to decide the case, and secondly, whether the D.C. law was unconstitutionally vague. On the first question, Justice Black, joined by Burger, Douglas, Stewart, and Byron White, held that they could. On the second question, Harlan and Blackmun, although dissenting in jurisdiction, joined Black on the merits, while Douglas and Stewart joined Brennan and Marshall in dissent.[1]
On the merits, Black held that "health" was not vague, since lower courts had construed it fairly concretely to mean physical as well as psychological health. Although this was the final (as well as the first) abortion case prior to Roe, only Justice Douglas, writing in dissent, suggested the existence of a general right to abortion as part of a broader right to privacy. This view would be embraced by seven justices in Roe two years later.
Significanceedit
Vuitch lost in the sense that the statute was ruled not "vague"; the district court's decision was overturned and Vuitch could be prosecuted.[6] However, the decision treated abortion as a surgical option not fundamentally different from any other, and the Court seemed to care most about sufficient leeway being given to a doctor's professional judgement.[7]
The case was one of the first that the Supreme Court heard in regards to abortion restrictions in the United States.[8] The justices voted to hear Roe v. Wade and Doe v. Bolton, other abortion cases, the day after Vuitch's opinion was announced.[7]
^"United States v. Milan Vuitch (1971) | The Embryo Project Encyclopedia". embryo.asu.edu. Retrieved March 2, 2023.
External linksedit
Text of United States v. Vuitch, 402U.S. 62 (1971) is available from:CourtListenerFindlawGoogle ScholarJustiaLibrary of CongressOyez (oral argument audio)
March 17, 2024
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This article relies largely or entirely on a single source Relevant discussion may be found on the talk page Please help improve this article by introducing citations to additional sources Find sources United States v Vuitch news newspapers books scholar JSTOR May 2013 United States v Vuitch 402 U S 62 1971 was a United States Supreme Court abortion rights case which held that the District of Columbia s abortion law banning the practice except when necessary for the health or life of the woman was not unconstitutionally vague 1 United States v VuitchSupreme Court of the United StatesArgued January 12 1971Decided April 21 1971Full case nameUnited States v VuitchCitations402 U S 62 more 91 S Ct 1294 28 L Ed 2d 601 1971 U S LEXIS 50Case historyPrior305 F Supp 1032 D D C 1969 HoldingThe abortion statute of the District of Columbia banning abortion except when necessary for the health or life of the woman is not unconstitutionally vague Court membershipChief Justice Warren E Burger Associate Justices Hugo Black William O DouglasJohn M Harlan II William J Brennan Jr Potter Stewart Byron WhiteThurgood Marshall Harry BlackmunCase opinionsMajorityBlack joined by Burger White in full Douglas Stewart Part I jurisdiction Harlan Blackmun Part II merits ConcurrenceWhiteDissentDouglas as to merits DissentHarlan joined by Brennan Marshall Blackmun as to jurisdiction DissentStewart as to merits DissentBlackmun as to jurisdiction Contents 1 Background 2 Decision 3 Significance 4 See also 5 References 6 External linksBackground editMilan Vuitch an abortion provider in the District of Columbia had several times come under suit for providing abortion services that the government deemed not necessary for the life or health of the woman as required by the DC law Vuitch challenged the law as being unconstitutionally vague with regard to the term health the law did not define health in terms that would allow doctors to determine if their actions had broken the law 2 Federal District Judge Gerhard A Gesell agreed dismissing Vuitch s indictment and ruling that the law failed to give the sufficient certainty required by due process of law in criminal matters 3 Gesell s finding was the first federal court decision declaring an abortion law unconstitutional 4 The United States appealed the decision directly to the Supreme Court 5 Decision editThere were two questions before the court firstly whether the Supreme Court had jurisdiction to decide the case and secondly whether the D C law was unconstitutionally vague On the first question Justice Black joined by Burger Douglas Stewart and Byron White held that they could On the second question Harlan and Blackmun although dissenting in jurisdiction joined Black on the merits while Douglas and Stewart joined Brennan and Marshall in dissent 1 On the merits Black held that health was not vague since lower courts had construed it fairly concretely to mean physical as well as psychological health Although this was the final as well as the first abortion case prior to Roe only Justice Douglas writing in dissent suggested the existence of a general right to abortion as part of a broader right to privacy This view would be embraced by seven justices in Roe two years later Significance editVuitch lost in the sense that the statute was ruled not vague the district court s decision was overturned and Vuitch could be prosecuted 6 However the decision treated abortion as a surgical option not fundamentally different from any other and the Court seemed to care most about sufficient leeway being given to a doctor s professional judgement 7 The case was one of the first that the Supreme Court heard in regards to abortion restrictions in the United States 8 The justices voted to hear Roe v Wade and Doe v Bolton other abortion cases the day after Vuitch s opinion was announced 7 See also editList of United States Supreme Court cases volume 402 Roe v Wade 1973 decided just two terms after VuitchReferences edit a b United States v Vuitch 402 U S 62 1971 United States v Milan Vuitch 1971 The Embryo Project Encyclopedia embryo asu edu Retrieved March 2 2023 United States v Vuitch 305 F Supp 1032 D D C 1969 Greenhouse Linda Becoming Justice Blackmun Times Books 2005 Page 75 United States v Vuitch Oyez org Retrieved March 2 2023 Greenhouse Linda Becoming Justice Blackmun Times Books 2005 Page 77 a b Greenhouse Linda Becoming Justice Blackmun Times Books 2005 Page 78 United States v Milan Vuitch 1971 The Embryo Project Encyclopedia embryo asu edu Retrieved March 2 2023 External links editText of United States v Vuitch 402 U S 62 1971 is available from CourtListener Findlaw Google Scholar Justia Library of Congress Oyez oral argument audio Retrieved from https en wikipedia org w index php title United States v Vuitch amp oldid 1175152133, wikipedia, wiki, book, books, library,
