"Having held that the State's refusal to fund abortions does not violate Roe v. Wade, it strains logic to reach a contrary result for the use of public facilities and employees. If the State may "make a value judgment favoring childbirth over abortion and . . . implement that judgment by the allocation of public funds," Maher, supra, at 432 U. S. 474, surely it may do so through the allocation of other public resources, such as hospitals and medical staff. The Court of Appeals sought to distinguish our cases on the additional ground that "[t]he evidence here showed that all of the public facility's costs in providing abortion services are recouped when the patient pays." 851 F.2d at 1083. Absent any expenditure of public funds, the court thought that Missouri was "expressing" more than "its preference for childbirth over abortions," but rather was creating an "obstacle to exercise of the right to choose an abortion [that could not] stand absent a compelling state interest." Ibid. We disagree. "Constitutional concerns are greatest," we said in Maher, supra, at 432 U. S. 476, "when the State attempts to impose its will by the force of law; the State's power to encourage actions deemed to be in the public interest is necessarily far broader." Nothing in the Constitution requires States to enter or remain in the business of performing abortions. Nor, as appellees suggest, do private physicians and their patients have some kind of constitutional right of access to public facilities for the performance of abortions. Brief for Appellees 46-47. Indeed, if the State does recoup all of its costs in performing abortions, and no state subsidy, direct or indirect, is available, it is difficult to see how any procreational choice is burdened by the State's ban on the use of its facilities or employees for performing abortions. [Footnote 8]"
Quote Details
Added by wikiquote-import-bot
Unverified quote
0 likes
Original Language: English
Available Languages (1)
Sources
CHIEF JUSTICE REHNQUIST, pp.509-510
https://en.wikiquote.org/wiki/Roe_v._Wade
Revision History
No revisions have been submitted for this quote.
Categories
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
1424 quotes on TrueQuotesView all quotes by Roe v. Wade →
Related Quotes
"Harry Blackmun questioned Weddington again on the issue of fetal personhood, as did Potter Stewart. They wanted her t…"
"In 1938, seven Justices heard a constitutional challenge to a federal ban on shipping adulterated milk in interstate …"
"The Court has simultaneously transformed judicially created rights like the right to abortion into preferred constitu…"
"Beyond these paltry authorities, the Court adds only the argument that we should not “encourage a kitchen-sink approa…"
"JUSTICE BREYER, with whom JUSTICE SOTOMAYOR and JUSTICE KAGAN join, dissenting. The procedural posture of this case l…"
"JUSTICE SOTOMAYOR, with whom JUSTICE BREYER and JUSTICE KAGAN join, dissenting. The Court’s order is stunning. Presen…"
"By the time that Michael Taylor sent out his communiqué, pro-life lawyers had been preparing legal arguments in Roe a…"
"Lawyers for the states of both Georgia and Texas argued that abortion restrictions were appropriate because the state…"
"Pro-life lawyers had complained before about the poor quality of state attorney’s attempts to defend restrictive abor…"
"Ellen McCormack’s Long Island-based organization, Women for the Unborn, which now had 2,000 members, submitted a brie…"