N.D. Texas Opinion of U.S. District Court June (17,) (1970)

JANE ROE, PLAINTIFF,
V.
HENRY WADE, DEFENDANT,
V.
JAMES HUBERT HALLFORD, M.D., INTERVENOR.

JOHN DOE AND MARY DOE, PLAINTIFFS,
V.
HENRY WADE, DEFENDANT.

CIV. A. NOS. 3–3690–B, 3–3691–C.
UNITED STATES DISTRICT COURT,
N. D. TEXAS,
DALLAS DIVISION.
JUNE 17, 1970.

Action for judgment declaring Texas abortion laws unconstitutional and to enjoin their enforcement. The three-judge District Court held that laws prohibiting abortions except for purpose of saving life of a mother violated right secured by the Ninth Amendment to choose whether to have children and were unconstitutionally overwhelmed and vague, but Court would abstain from issuing injunction against enforcement of the laws.

Order accordingly.

Linda N. Coffee, Dallas, Tex., Sarah Weddington, Austin, Tex., for plaintiffs.

Fred Bruner, Daugherty, Bruner, Lastelick & Anderson, Ray L. Merrill, Jr., Dallas, Tex., for intervenor.

John B. Tolle, Asst. Dist. Atty., Dallas, Tex., Jay Floyd, Asst. Atty. Gen., Austin, Tex., for defendant.

Before Goldberg, Circuit Judge, and Hughes and Taylor, District Judges.