Simopoulos v. Virginia (1982)
- Docket
- 81-185
- Decided
- 1982-01-01
Summary
Question: (1) Does the prosecution’s failure to allege a lack of medical necessity for the abortion violate Due Process? (2) Did the prosecution fail to prove that Dr. Simploulous’ acts caused the death of the unborn fetus? (3) Is the Virginia law requiring all second trimester abortions to take place in licensed hospitals unconstitutional? Conclusion: No, No, No. Justice Lewis F. Powell, writing for an 8-1 majority, affirmed the Virginia court. The Supreme Court held that requiring doctors to perform second trimester abortions in licensed hospitals was a reasonable means of furthering the state’s interest in protecting the mother’s health and safety. The prosecution was not required to prove a lack of medical necessity, and Dr. Simopoulos’ actions clearly caused the death of the unborn fetus. This case is different from past cases where hospitalization requirements were unconstitutional, because the Virginia statute allows abortions in outpatient facilities as long as they are properly licensed. Justice Sandra Day O’Connor concurred in part and concurred in the judgment, expressing that the validity of the Virginia statute did not depend on which trimester was regulated. The statute was not an undue burden on the decision to undergo an abortion, so it was valid. Justice Byron R. White and Justice William H. Rehnquist joined in the concurrence. Justice John Paul Stevens dissented, writing that the Court should vacate the lower decision and remand the case for further consideration of unclear state law.