§ 1 Reasoning
Justice Black narrowly interpreted 'health' expansively and shifted the burden to prosecution. Justice Douglas's dissent was the first Supreme Court articulation of a general privacy-based abortion right.
§ 2 Opinions
Majority
Burger, C.J.; Harlan, Stewart, White, Blackmun, JJ. (varied by issue)
The D.C. statute is not unconstitutionally vague. 'Health' includes psychological as well as physical well-being. The prosecution bears the burden of proving abortion was not medically necessary.
Concurrence
Brennan, Marshall, Blackmun, JJ.
Dissented on jurisdiction but joined merits.
Dissent
Not joined by any other justice
First Justice to suggest a general right to abortion as part of privacy.
Dissent
Not joined by any other justice
Joined Brennan and Marshall in dissent.
§ 3 Practical effect
First abortion case at the Supreme Court. Cited as precedent in Roe two years later. Effectively decriminalized much of D.C. abortion practice.
§ 4 Perspectives
The summaries below are descriptive, not evaluative — an attempt to represent fairly how each camp typically frames this case.
Abolitionist framing
Rarely cited by abolitionists but historically notable as the first abortion case at the Court.
Mainstream pro-life framing
Historically important as the origin of the 'psychological health' broadening that Doe v. Bolton later formalized.
Pro-choice framing
Early precedent for broad 'health' interpretation.
§ 5 Significance
3/ 10
First abortion case at the Court; foreshadowed Roe's broad 'health' construction.