Coe v. Gerstein

OPINION

This class action for declaratory and injunctive relief, heard by a duly convened three-judge district court, is a constitutional challenge to Florida’s regulation of therapeutic abortions. Three plaintiffs in this proceeding — Carmichael, Shore and Herman — are Florida-licensed physicians practicing in the field of Family Medicine. They attack the constitutionality of Fla.Stat.Ann. § 458.22(3) (1972) [hereinafter the “spousal or parental consent” requirement], 1 and § 10D-0.05 of Rules on Termination of Pregnancy, Division of Health, Ch. 10D-65 (1972) [hereinafter “Rules”, Ch.…