WHALEN, COMMISSIONER OF HEALTH OF NEW YORK v. ROE Et Al.
Supreme Court of the United States
1Opinion of the Court
Mr. Justice Marshall, Circuit Justice.
This is an application for a stay of the judgment of a three-judge court sitting in the Southern District of New York. The applicant, the Commissioner of Health of the State of New York, has been enjoined by the three-judge court from enforcing certain provisions of New York’s Public Health Law (Law). Respondents are various physicians, organizations of physicians, and patients in the State of New York who successfully brought suit to have those provisions declared unconstitutional.
The provisions at stake are those parts of §§ 3331 (6), 3332 (2) (a), and…
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