Poelker v. Doe

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Poelker v. Doe - Oral Argument
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Poelker v. Doe - Opinion Announcement
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Advocates
Frank Susman (Argued the cause for the respondent)
Eugene P. Freeman (Argued the cause for the petitioners)
Case Basics
Docket No.: 
75-442
Petitioner: 
Poelker
Respondent: 
Doe
Decided By: 
Burger Court (1975-1981)
Opinion: 
432 U.S. 519 (1977)
Categories: 
abortion
Location No location information present.

Cite this page
The Oyez Project, Poelker v. Doe , 432 U.S. 519 (1977)
available at: (http://oyez.org/cases/1970-1979/1976/1976_75_442)
Facts of the Case: 

A St. Louis policy prohibited non-therapeutic abortions in the city's two publicly run hospitals.

Question: 

Did the policy violate the Equal Protection Clause of the Fourteenth Amendment?

Conclusion: 

No. The Court held that St. Louis could enact a "policy choice" to refuse to provide publicly financed hospitals for nontherapeutic abortions even though it provided facilities for childbirth. Relying on its reasoning in Maher v. Roe (1977), the Court distinguished between a state interfering with a protected activity and simply encouraging an alternative activity. Since the state did not deny women the right to have an abortion, the law was consistent with the Constitution.

Decisions

Decision: 6 votes for Poelker, 3 vote(s) against
Legal provision: Equal Protection

Sort by Ideology

Voted with the majority
Burger
Wrote a dissent, joined Blackmun's dissent
Brennan
Voted with the majority
Stewart
Voted with the majority
White
Wrote a dissent, joined Brennan's dissent, joined Blackmun's dissent
Marshall
Wrote a dissent, joined Brennan's dissent
Blackmun
Voted with the majority
Powell
Voted with the majority
Rehnquist
Voted with the majority
Stevens

Per Curiam with Argument

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