Legal Opinion

Leavitt v. Jane L.

Supreme Court of the United States

Decided June 17, 1996No. 95-1242PublishedCited by 235 opinions

1Per curiam

The State of Utah seeks review of a ruling by the Court of Appeals for the Tenth Circuit which declared invalid a provision of Utah law regulating abortions “[a]fter 20 weeks gestational age.” Utah Code Ann. §76-7-302(3) (1995). *138The court made that declaration, not on the ground that the provision violates federal law, but rather on the ground that the provision was not severable from another provision of the same statute, purporting to regulate abortions up to 20 weeks’ gestational age, which had been struck down as unconstitutional. The court’s severability ruling was based on its view that…

2Cases cited15 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Salve Regina College v. RussellSupreme Court of the United States · 1991
  3. Brockett v. Spokane Arcades, Inc.Supreme Court of the United States · 1985
  4. Stewart v. Utah Public Service CommissionUtah Supreme Court · 1994
  5. Wichita Royalty Co. v. City National Bank of Wichita FallsSupreme Court of the United States · 1939

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3Cited by235 opinions

  1. Town of Castle Rock v. GonzalesSupreme Court of the United States · 2005
  2. Virginia v. HicksSupreme Court of the United States · 2003
  3. Carney v. AdamsSupreme Court of the United States · 2020
  4. Barr v. American Assn. of Political Consultants, Inc.Supreme Court of the United States · 2020
  5. First Bank of Marietta, Plaintiff-Appellant/cross-Appellee v. Hartford Underwriters Insurance Company, Defendant-Appellee/cross-AppellantCourt of Appeals for the First Circuit · 2002

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