United States v. Vuitch
Encyclopedia
United States v. Vuitch, 402 U.S. 62
(1971) was a United States Supreme Court abortion
rights case, which held that the District of Columbia's abortion law banning the practice except when necessary for the health or life of the woman was not unconstitutionally vague.
, an abortion provider in the District of Columbia, had several times come under suit for providing abortions services that the government deemed not necessary for the life or health of the woman, in accordance with the DC law. Vuitch challenged the law as being unconstitutionally vague with regard to the term "health." Federal District Judge Gerhard A. Gesell agreed, dismissing Vuitch's indictment and ruling that the law failed to give the sufficient certainty required by due process of law in criminal matters.
Gesell's finding was the first federal court decision declaring an abortion law unconstitutional.
, joined by Burger, Douglas
, Stewart
, and Byron White
, held that they could. On the second question, Harlan
and Blackmun, although dissenting in jurisdiction, joined Black on the merits, while Douglas and Stewart joined Brennan
and Marshall
in dissent.
On the merits, Black held that "health" was not vague, since lower courts had construed it fairly concretely to mean physical as well as psychological health. Although this was the final (as well as the first) abortion case prior to Roe
, only Justice Douglas, writing in dissent, suggested the existence of a general right to abortion as part of a broader right to privacy. This view would be embraced by seven Justices in Roe two years later.
The justices voted to hear Roe v. Wade and Doe v. Bolton, other abortion cases, the day after Vuitchs opinion was announced.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(1971) was a United States Supreme Court abortion
Abortion
Abortion is defined as the termination of pregnancy by the removal or expulsion from the uterus of a fetus or embryo prior to viability. An abortion can occur spontaneously, in which case it is usually called a miscarriage, or it can be purposely induced...
rights case, which held that the District of Columbia's abortion law banning the practice except when necessary for the health or life of the woman was not unconstitutionally vague.
Background
Milan VuitchMilan Vuitch
Dr. Milan Vuitch was a physician performing abortions in Washington, D.C. and Silver Spring, Maryland. Born in Serbia, he was a naturalized U.S. citizen.-Court victory:In 1969, Judge Gerhard A...
, an abortion provider in the District of Columbia, had several times come under suit for providing abortions services that the government deemed not necessary for the life or health of the woman, in accordance with the DC law. Vuitch challenged the law as being unconstitutionally vague with regard to the term "health." Federal District Judge Gerhard A. Gesell agreed, dismissing Vuitch's indictment and ruling that the law failed to give the sufficient certainty required by due process of law in criminal matters.
Gesell's finding was the first federal court decision declaring an abortion law unconstitutional.
Decision
There were two questions before the court: 1. Whether they had jurisdiction to decide the case, and 2. Whether the DC law was unconstitutionally vague. On the first question, Justice BlackHugo Black
Hugo Lafayette Black was an American politician and jurist. A member of the Democratic Party, Black represented Alabama in the United States Senate from 1927 to 1937, and served as an Associate Justice of the Supreme Court of the United States from 1937 to 1971. Black was nominated to the Supreme...
, joined by Burger, Douglas
William O. Douglas
William Orville Douglas was an Associate Justice of the United States Supreme Court. With a term lasting 36 years and 209 days, he is the longest-serving justice in the history of the Supreme Court...
, Stewart
Potter Stewart
Potter Stewart was an Associate Justice of the United States Supreme Court. During his tenure, he made, among other areas, major contributions to criminal justice reform, civil rights, access to the courts, and Fourth Amendment jurisprudence.-Education:Stewart was born in Jackson, Michigan,...
, and Byron White
Byron White
Byron Raymond "Whizzer" White won fame both as a football halfback and as an associate justice of the Supreme Court of the United States. Appointed to the court by President John F. Kennedy in 1962, he served until his retirement in 1993...
, held that they could. On the second question, Harlan
John Marshall Harlan II
John Marshall Harlan was an American jurist who served as an Associate Justice of the Supreme Court from 1955 to 1971. His namesake was his grandfather John Marshall Harlan, another associate justice who served from 1877 to 1911.Harlan was a student at Upper Canada College and Appleby College and...
and Blackmun, although dissenting in jurisdiction, joined Black on the merits, while Douglas and Stewart joined Brennan
William J. Brennan, Jr.
William Joseph Brennan, Jr. was an American jurist who served as an Associate Justice of the United States Supreme Court from 1956 to 1990...
and Marshall
Thurgood Marshall
Thurgood Marshall was an Associate Justice of the United States Supreme Court, serving from October 1967 until October 1991...
in dissent.
On the merits, Black held that "health" was not vague, since lower courts had construed it fairly concretely to mean physical as well as psychological health. Although this was the final (as well as the first) abortion case prior to Roe
Roe v. Wade
Roe v. Wade, , was a controversial landmark decision by the United States Supreme Court on the issue of abortion. The Court decided that a right to privacy under the due process clause in the Fourteenth Amendment to the United States Constitution extends to a woman's decision to have an abortion,...
, only Justice Douglas, writing in dissent, suggested the existence of a general right to abortion as part of a broader right to privacy. This view would be embraced by seven Justices in Roe two years later.
Significance
Vuitch lost in the sense that the statute was ruled not "vague;" the district court's decision was overturned and Vuitch could be prosecuted. However, the decision treated abortion as a surgical option not fundamentally different from any other, and the Court seemed to care most about sufficient leeway being given to a doctor's professional judgment.The justices voted to hear Roe v. Wade and Doe v. Bolton, other abortion cases, the day after Vuitchs opinion was announced.
See also
- List of United States Supreme Court cases, volume 402
- Roe v. WadeRoe v. WadeRoe v. Wade, , was a controversial landmark decision by the United States Supreme Court on the issue of abortion. The Court decided that a right to privacy under the due process clause in the Fourteenth Amendment to the United States Constitution extends to a woman's decision to have an abortion,...
, decided just two terms after Vuitch