United States v. Vuitch
 | This article relies largely or entirely on a single source. (May 2013) |
| United States v. Vuitch | |
|---|---|
 D.D.C. 1969) | |
| Holding | |
| 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. | |
| Court membership | |
| |
| Case opinions | |
| Majority | Black, joined by Burger, White (in full); Douglas, Stewart (Part I (jurisdiction)); Harlan, Blackmun (Part II (merits)) |
| Concurrence | White |
| Dissent | Douglas (as to merits) |
| Dissent | Harlan, joined by Brennan, Marshall, Blackmun (as to jurisdiction) |
| Dissent | Stewart (as to merits) |
| Dissent | Blackmun (as to jurisdiction) |
United States v. Vuitch, 402 U.S. 62 (1971), was a
Background
The United States appealed the decision directly to the Supreme Court.[5]
Decision
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,
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
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]
See also
- List of United States Supreme Court cases, volume 402
- Roe v. Wade (1973), decided just two terms after Vuitch
References
- ^ 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
- Text 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)