"6. Dr. Hallford, a physician who performs abortions, soguth and was granted leave to intervene in Roe’s class action. He alleged that he had been arrested for violating Texas abortion statutes and that two prosecutions are still pending against him. We have held that state criminal defendants may not challenge pending criminal prosecutions in federal court if they could raise their federal constitutional claims adequately in state proceedings. Younger v. Harris, 401 U.S. 37 (1971). However, Younger may not properly apply if, as Dr. Hallford asserts, under Texas law, he cannot, in the pending state criminal proceedings, seek temporary injunctive relief that would allow him to perform new abortions. We need not decide if this assessment of Texas state law is correct, or whether Younger would apply if it is correct. If Roe is able to obtain a declaration that the Texas statute is unconstitutional, this will resolve the constitutional issues in Dr. Hallford’s criminal prosecution."
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Roe v. Wade
Roe v. Wade, 410 U.S. 113 (1973), was a landmark decision of the U.S. Supreme Court in which the Court ruled that the
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