BRAY et al.
v.
ALEXANDRIA WOMEN'S HEALTH CLINIC et al.
Supreme Court of United States.https://leagle.com/images/logo.png
Argued October 16, 1991.
Reargued October 6, 1992.
Decided January 13, 1993.
Attorney(s) appearing for the Case
Jay Alan Sekulow reargued the cause for petitioners. With him on the briefs were James M. Henderson, Sr., Douglas W. Davis, Thomas Patrick Monaghan, Walter M. Weber, and James E. Murphy.
Deputy Solicitor General Roberts reargued the cause for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General Starr, Assistant Attorney General Gerson, Paul J. Larkin, Jr., Barbara L. Herwig, and Lowell V. Sturgill, Jr.
Deborah A. Ellis reargued the cause for respondents. With her on the brief were Martha F. Davis, Sally F. Goldfarb, John H. Schafer, and Laurence J. Eisenstein. Mr. Schafer argued the cause for respondents on the original argument. With him on the brief were William H. Allen, Mr. Eisenstein, Alison Wetherfield, and Helen Neuborne.*
Scalia, J., delivered the opinion of the Court, in which Rehnquist, C. J., and White, Kennedy, and Thomas, JJ., joined. Kennedy, J., filed a concurring opinion, p. 287. Souter, J., filed an opinion concurring in the judgment in part and dissenting in part, p. 288. Stevens, J., filed a dissenting opinion, in which Blackmun, J., joined, p. 307. O'Connor, J., filed a dissenting opinion, in which Blackmun, J., joined, p. 345.
Supreme Court of United States.
Justice Scalia, delivered the opinion of the Court.
This case presents the question whether the first clause of Rev. Stat. § 1980, 42 U. S. C. § 1985(3)—the surviving version of § 2 of the Civil Rights Act of 1871—provides a federal cause of action against persons obstructing access to abortion clinics. Respondents are clinics that perform abortions and organizations that support legalized abortion...
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