Opinion · Supreme Court of the United States

Carey v. Wynn

Carey v. Wynn, 439 U.S. 8 (1978)

Type
Opinion
Court
Supreme Court of the United States
Jurisdiction
Federal
Date
1978-10-16
Topic
general

How later courts describe this case

  • no burden on woman; plaintiff did not argue it burdened or discouraged patients

Citator

UpLaw has not yet analyzed Carey v. Wynn. The absence of a flag is not a finding that it is good law.

Authority status
pending
Cited by
14 opinions
Per Curiam.

A three-judge District Court entered a declaratory judgment holding unconstitutional certain sections of the Illinois Abortion Act of 1975, Ill. Rev. Stat., ch. 38, § 81-21 et seg. (Supp. 1976). Wynn v. Scott, 449 F. Supp. 1302 (ND Ill. 1978). The District Court assumed that Illinois prosecutors would recognize and abide by the declaratory judgment and denied plaintiffs’ request for injunctive relief. Id., at 1331.

The appeals from the declaratory judgment invalidating certain provisions of the statute are dismissed for want of jurisdiction. Title 28 U. S. C. § 1253, the jurisdictional statute under which these appeals are taken, does not authorize an appeal from the grant or denial of declaratory relief alone. Gerstein v. Coe, 417 U. S. 279 (1974). The declaratory judgment is appealable to the Court of Appeals, and we are informed that appeals to that court have been taken.

Appeals dismissed.

Mr. Justice Stevens took no part in the consideration or decision of these cases.