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Brief for Appellee

Questions Presented

In Appellee's opinion the questions presented may be precisely stated as follows:

  1. Whether appellants Jane Roe, and John and Mary Doe, present a justiciable controversy in their challenge to the Texas abortion laws?
  2. Whether the court should enjoin the enforcement of the Texas abortion laws as to appellant Hallford in the light of pending state criminal charges?
  3. Did the district court err in refusing to enjoin future enforcement of the Texas abortion laws after declaring such laws unconstitutional?
  4. Whether this court can consider plenary review of an entire case when a lower court grants declaratory relief holding a state statue unconstitutional, but refuses to enjoin future enforcement of such statute, and the appeal to this court is from that portion of the judgment denying injunctive relief?
  5. Whether articles 1191, 1192, 1193, 1194 and 1196 of Texas penal code are void on their face because of unconstitutional overbreadth and vagueness?
  6. Whether the constitution of the United States guarantees a woman the right to abort an unborn fetus?
  7. Whether the state of Texas has a legitimate interest in preventing abortion except under the limited exception of "an abortion procured or attempted by medical advice for the purpose of saving the life of the mother?"

Additional topics

Law Library - American Law and Legal InformationNotable Trials and Court Cases - 1963 to 1972Brief for Appellee - In The Supreme Court Of The United Statesno. 78–18, 1971 Term, Brief For Appelleestatement Of The Case