Legal Opinion

Marie v. McGreevey

Court of Appeals for the Third Circuit

Decided December 24, 2002No. Nos. 01-1068, 01-1461PublishedCited by 4 opinions

1Opinion of the Court

OPINION OF THE COURT

2Per curiam

In this constitutional challenge, certain women who have had abortions allegedly without giving informed consent contend that denial of their right to recover damages under New Jersey’s Wrongful Death Act violates the Equal Protection and Due Process clauses of the Fourteenth Amendment. We have previously rejected such a claim, Alexander v. Whitman, 114 F.3d 1392 (3d Cir.1997), and accordingly will affirm the District Court’s dismissal under Federal Rule of Civil Procedure 12(b)(6). Plaintiffs may have legal recourse in the nature of a damages claim under New Jersey law,…

3Cases cited15 opinions

  1. Baker v. CarrSupreme Court of the United States · 1962
  2. Roe v. WadeSupreme Court of the United States · 1973
  3. Reynolds v. SimsSupreme Court of the United States · 1964
  4. Harper v. Virginia Board of ElectionsSupreme Court of the United States · 1966
  5. Weber v. Aetna Casualty & Surety Co.Supreme Court of the United States · 1972

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4Cited by4 opinions

  1. Fort Worth Osteopathic Hospital, Inc. v. ReeseTexas Supreme Court · 2004
  2. Donna S. Marie, (A Fictitious Name of a Real Individual), Individually, on Her Own Behalf, and on Behalf of All Women Similarly Situated Donna Santa Marie, on Behalf of Her Own Child and All Others Similarly Situated Teresa H. Jimenez, on Behalf of Herself and on Behalf of Her Patients [Both MothersCourt of Appeals for the Third Circuit · 2002
  3. Fort Worth Osteopathic Hospital, Inc. v. ReeseTexas Supreme Court · 2004
  4. Fort Worth Osteopathic Hospital, Inc., D/B/A Osteopathic Medical Center of Texas, Craig Smith, D.O., and Reid Culton, D.O. v. Tara Reese and Donnie Reese, Individually and as Legal Representatives of the Estate of Clarence Cecil ReeseTexas Supreme Court · 2004

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