MAHONING WOMEN'S CENTER v. HUNTER

Nos. 77-3406, 77-3524.

610 F.2d 456 (1979)

MAHONING WOMEN'S CENTER, Plaintiff-Appellee, Cross-Appellant, v. Jack C. HUNTER, Mayor and President of the Board of Health; Donald Baker, Chief of Police; Richard Hughey, Herman "Pete" Starks, Patrick J. Ungaro, Robert G. Spencer, Leonard J. Yurcho, Michael J. Crogan, and John T. Murphy, City Council Members; Dr. Samuel Goldberg, Douglas K. Everett, Warren Harrell, Jr., Mrs. Doris Rinkov, and Mrs. Joyce Kester, Board of Health Members, Defendants-Appellants, Cross-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided December 18, 1979.


Attorney(s) appearing for the Case

Leonard D. Schiavone, Law Dept., William J. Higgins, Youngstown, Ohio, for defendants-appellants.

Robert Destro, Thomas Keenan, Joseph Meissner, Lawyers for Life, Cleveland, Ohio, for amicus "Lawyers for Life".

Dennis Haines, Green, Schiavoni, Murphy & Haines, Patricia S. Roberts, Youngstown, Ohio, for plaintiff-appellee.

Robert P. App, ACLU of Ohio Foundation, Inc., Columbus, Ohio, Robert Destro, Cleveland, Ohio, for amicus ACLU.

Before ENGEL and MERRITT, Circuit Judges, and PHILLIPS, Senior Circuit Judge.


MERRITT, Circuit Judge.

In Roe v. Wade, 410 U.S. 113, 93 S.Ct. 705, 35 L.Ed.2d 147 (1973), the Supreme Court held under the due process clause that a woman's right to choose an abortion is a protected liberty sufficiently important that a legislative majority may not prohibit it entirely or burden it significantly during the first trimester. The Youngstown city ordinance in question here, as District Judge Lambros concluded,...

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