Legal Opinion

Scheinberg v. Smith

Court of Appeals for the Fifth Circuit

Decided October 2, 1981No. 80-5023PublishedCited by 36 opinions

1Opinion of the Court

TJOFLAT, Circuit Judge:

This is an appeal of a district court determination that certain of Florida’s statutory provisions, Fla.Stat.Ann. § 390.001(4)(a) & (b) (West 1981) (previously codified as part of the Medical Practice Act, see Fla.Stat. Ann. § 458.001 et seq. (West 1977)), unconstitutionally burden a woman’s fundamental right of privacy in the abortion decision. We affirm the district court in part, vacate in part and remand for further proceedings.

I

In 1979 the Florida Legislature enacted the Medical Practice Act, which included a provision regulating abortions; relevant here are those…

2Cases cited41 opinions

  1. Colorado River Water Conservation District v. United StatesSupreme Court of the United States · 1976
  2. Parratt v. TaylorSupreme Court of the United States · 1981
  3. Roe v. WadeSupreme Court of the United States · 1973
  4. Griswold v. ConnecticutSupreme Court of the United States · 1965
  5. Dandridge v. WilliamsSupreme Court of the United States · 1970

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

3Cited by36 opinions

  1. Kenneth R. Cate, Esquire, and Maher, Overchuck, Langa & Cate, a Florida Association v. Gordon G. Oldham, Jr., and State of FloridaCourt of Appeals for the Eleventh Circuit · 1983
  2. Richard M. Ragsdale v. Bernard J. Turnock, Director of the Illinois Department of Public HealthCourt of Appeals for the Seventh Circuit · 1988
  3. Zbaraz v. HartiganCourt of Appeals for the Seventh Circuit · 1985
  4. Planned Parenthood Of Southeastern Pennsylvania v. CaseyCourt of Appeals for the Third Circuit · 1991
  5. International Food & Beverage Systems, a Partnership v. City of Fort Lauderdale, a Municipal CorporationCourt of Appeals for the Eleventh Circuit · 1986

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

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