The Oyez Project Virtual Tour of the Supreme Court Building

Abstract

Argument: Tuesday, February 27, 1979
Decision: Monday, July 2, 1979
Issues: Privacy, Abortion, Including Contraceptives

Advocates

Joseph J. Balliro (Argued the cause for the appellees in both cases)
Garrick F. Cole (Argued the cause for the appellants in No. 78-329)
John H. Henn (Argued the cause for the appellees in both cases)
Brian A. Riley (Argued the cause for the appellant in No. 78-330)

Facts of the Case

A Massachusetts law required minors to gain parental consent before having an abortion. However, if either or both of the parents refused, a judge of the superior court could allow a minor to have the procedure "for good cause shown."

Question

Did the law unconstitutionally restrict the right of a minor to have an abortion?

Conclusion

The Court found the statute unconstitutional for two reasons. First, it allowed judicial authorization for an abortion to be withheld from a minor who is mature and competent enough to make the decision independently. Second, it required parental notification in all cases (parents were required to be notified if their daughter initiated proceedings in superior court) without allowing the minor to seek an independent judicial assessment of her competence to decide the abortion issue.

Supreme Court Justice Opinions and Votes (by Seniority)

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Decision: 8 votes for Baird, 1 vote(s) against
Legal Provision: Due Process
Voted with the majority
Burger
Voted with the majority, joined Stevens' concurrence
Brennan
Voted with the majority
Stewart
Wrote a dissent
White
Voted with the majority, joined Stevens' concurrence
Marshall
Voted with the majority, joined Stevens' concurrence
Blackmun
Wrote the judgment of the Court
Powell
Wrote a regular concurrence
Rehnquist
Wrote a special concurrence
Stevens
Judgment of the Court by Justice Lewis F. Powell, Jr.

Cite this page

The Oyez Project, Bellotti v. Baird, 443 U.S. 622 (1979),
available at: <http://www.oyez.org/cases/1970-1979/1978/1978_78_329/>
(last visited ).