Brief for Appellant - Jurisdiction

(i) On March 3, 1970, Appellant Jane Roe filed her original complaint,¹ basing jurisdiction on 28 U.S.C. § 1343 (3) (1964 ed.), and complementary remedial statutes, 28 U.S.C. § 1983 (1964 ed.). On the same day Appellants John and Mary Doe filed a complaint predicting federal jurisdiction on the same statutes. On March 23, 1970, the District Court granted leave for Appellant James H. Hallford, M.D., to intervene as a party-plaintiff, on the basis of a complaint alleging a class action and the same jurisdictional grounds set out above. Subsequently, on April 22, 1970, Appellant Jane Roe amended her complaint to sue "on behalf of herself and all others similarly situated" (App. at 8a n. 1). Appellants John and Mary Doe also amended their complaints to asserts a class action (Id.). All Appellants, from their respective position as married couples, pregnant single women, and practicing physicians asked that the Texas antiabortion statutes² be declared unconstitutional on their face, and for an injunction against future enforcement of the statutes. A statutory three-judge United States District Court was requested and convened pursuant to 28 U.S.C. §§ 2281, 2284 (1964 ed.).

(ii) The final judgment of the statutory three-judge District Court, granting Appellants' request for a declaratory judgment, but denying any injunctive relief, was entered on June 17, 1970 (App. at 4a). On Monday, August 17, 1970, all Appellants filed with the United States District Court for the Northern District of Texas notices of appeal to this Court (App. at 1a), pursuant to 28 U.S.C. § 2101 (b) (1964 ed.), and SUP. CT. RULES 11, 34 (July 1, 1970 ed.), 398 U.S. 1015, 1021, 1045 (1970 ed.). A protective appeal to the United States Court of Appeals for the Fifth Circuit was noticed on July 23, 1970, by Appellant Hallford (App. at 23a), and on July 24, 1970, by Appellant Jane Roe (App. at 21a).

(iii) Jurisdiction of this Court to review by direct appeal the three-judge District Court's final judgment denying a permanent injunction is conferred by 28 U.S.C. § 1253 (1964 ed.).

(iv) Cases which sustain the jurisdiction of this Court are: Evans v. Cornman, 398 U.S. 419, 420 (1970); Goldberg v. Kelly, 397 U.S. 254, 261 (1970); Carter v. Fury Comm'n of Greene County, 396 U.S. 320, 328, (1970); Moore v. Ogilivie, 394 U.S. 814, 815–16 (1969); Williams v. Rhodes, 393 U.S. 23, 26–28 (1968); Dinis v. Volpe, 389 U.S. 570 (1968) (per curiam); Hale v. Bimco Trading Co., 306 U.S. 375, 376–78 (1939).