Robert M. Byrn, as Guardian ad Litem for an Infant "Roe", an Unborn Child, and All Similarly Unborn Infants, Appellant,
v.
New York City Health & Hospitals Corporation et al., Respondents, et al., Defendants.
Court of Appeals of the State of New York.https://leagle.com/images/logo.png
Argued May 30, 1972.
Decided July 7, 1972.
Attorney(s) appearing for the Case
Thomas J. Ford, Robert M. Byrn, pro se, Thomas Grimes and A. Lawrence Washburn, Jr. for appellant.
Louis J. Lefkowitz, Attorney-General (Joel Lewittes, Samuel A. Hirshowitz and Iris A. Steel of counsel), respondent, pro se.
J. Lee Rankin, Corporation Counsel (James Nespole and Frances Milberg of counsel), for New York City Health & Hospitals Corporation, respondent.
Nancy Stearns, Rhonda Copelon Schoenbrod, Janice A. Goodman and Kenneth Norwick for Women's Health & Abortion Project, Inc., intervenor-respondent.
Michael F. Sheehan and William A. Ryan for Celebrate Life and others, amici curiae.
Frederic S. Nathan, Harriet F. Pilpel, Nancy F. Wechsler and Ruth Jane Zuckerman for Citizens Committee for Children of New York, Inc. and others, amici curiae.
Harold A. Mahony for Committee for Human Life, amicus curiae.
Mildred A. Shanley for Arlethia Gilliam and others, amici curiae.
Ralph L. Concannon, Benjamin Borind and John R. Klein for The Guild of Catholic Lawyers and others, amici curiae.
Dennis J. Horan, Jerome A. Frazel, Jr., Thomas M. Crisham, Dolores B. Horan, John D. Gorby and Porter R. Chandler for Bart Heffernan and others, amici curiae.
Cyril C. Means, Jr. for National Association for Repeal of Abortion Laws, Inc. and another, amici curiae.
Thomas J. Dillon for New York State Council, Knights of Columbus and another, amici curiae.
Stephen W. O'Leary for New York State Doctors & Nurses Against Abortion, amicus curiae.
Edith M. Novack, Carol Bellamy, Elizabeth Holtzman, Mary F. Kelly and K. Randett Walster for New Women Lawyers and others, amici curiae.
Eugene J. McMahon for Women for the Unborn, amicus curiae.
Chief Judge FULD and Judges BERGAN and GIBSON concur with Judge BREITEL; Judge JASEN concurs in an opinion in which Chief Judge FULD and Judges BERGAN, BREITEL and GIBSON also concur; Judges BURKE and SCILEPPI dissent and vote to reverse in separate opinions in each of which the other concurs.
Court of Appeals of the State of New York.
BREITEL, J.
This is an action for declaratory judgment by a guardian ad litem for unborn children to declare the 1970 abortion "liberalization" statute unconstitutional (L. 1970, ch. 127). Plaintiff obtained a temporary injunction at Special Term to restrain defendants from "performing any abortional acts" except where the mother's life was endangered. The temporary injunction was stayed pending appeal, and on...
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