Legal Opinion

Babbitz v. McCann

District Court, E.D. Wisconsin

Decided March 5, 1970No. 69-C-548PublishedCited by 69 opinions

1Per curiam

The plaintiff is a physician who challenges the constitutionality of the Wisconsin abortion statute. He seeks an injunction restraining the defendants from enforcing a part of Wis.Stat. § 940.04 and a judgment declaring it unconstitutional.

A temporary restraining order was denied by the order of a single-judge district court, 306 F.Supp. 400, and the instant three-judge district court was convened to consider the other issues presented. We hold that portions of the statute are constitutionally invalid, but we decline to enjoin the pending state prosecution of the plaintiff.

The plaintiff is…

2Cases cited42 opinions

  1. Griswold v. ConnecticutSupreme Court of the United States · 1965
  2. Railroad Comm'n of Tex. v. Pullman Co.Supreme Court of the United States · 1941
  3. Connally v. General Construction Co.Supreme Court of the United States · 1926
  4. Meyer v. NebraskaSupreme Court of the United States · 1923
  5. Pierce v. Society of SistersSupreme Court of the United States · 1925

37 more not listed; retrieve them via the Exa API.

3Cited by69 opinions

  1. Roe v. WadeSupreme Court of the United States · 1973
  2. State v. BarquetSupreme Court of Florida · 1972
  3. Doe v. BoltonDistrict Court, N.D. Georgia · 1970
  4. Young Women's Christian Ass'n of Princeton, NJ v. KuglerDistrict Court, D. New Jersey · 1972
  5. Doe v. ScottDistrict Court, N.D. Illinois · 1971

64 more not listed; retrieve them via the Exa API.

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