"Georgia requires abortions to be performed in hospitals, but it has not demonstrated that licensed physicians cannot perform safe abortions in properly licensed clinics. It has not provided substantial evidence to show that the full resources of licensed hospital are necessary to protect women’s health. Appellants and amici, by contrast, have provided considerable evidence that the state’s interests in maternal health are well served by licensed clinics equipped with staff and service necessary to deal with the complications that rise from abortions, or by clinics that have made arrangements with a nearby hospital to provide those services in case of an emergency. Georgia’s hospital requirement unnecessarily limits access to safe abortions for women who are not located near hospitals that perform abortions; it also limits access for poorer women who cannot afford the cost of a hospital stay. Georgia may not impose unnecessary costs on abortion that are unrelated to a woman’s health. Georgia’s requirement that the hospital also be licensed by the JCAH only compounds the obstacles placed in the path of the pregnant woman. The JCAH is a nongovernmental organization devoted to articulating optimal standards for medical care rather than minimum standards. Georgia does not require that other forms of surgery be performed only at JCAH-accredited hospitals. Indeed, we were informed at reargument that only 54 of Georgia’s 119 counties have a JCAH-accredited hospital. Tr. Of Oral Ar. 19. Perhaps equally important, the JCAH’s standards are directed at medical and surgical practices generally, and pay no specialized attention to issues of abortion. Georgia has not explained how this requirement furthers its interests in maternal health and safety. Georgia also requires that a hospital committee composed of members of the hospital staff approve all abortions in advance. Georgia has not informed us of any other surgical procedures, including life-threatening ones, where it require that a physician’s judgment be approved by a hospital committee. Rather, this rule seems designed to supervise and restrain both women who seek abortions and physicians who regularly perform them. Georgia has offered no basis for believing that women will seek abortions for frivolous reasons. Indeed, it is more likely that the decision to have an abortion is one of the most serious and heart-rending decisions that a woman may make in her lifetime. In addition, Georgia has offered no reasons to believe that physicians who perform abortions are more likely than other surgeons to encourage their patients to engage in unnecessary surgery. For similar reasons, Georgia’s requirement that the performing physician’s judgment be confirmed by independent examinations of the patient by two other licensed physicians also falls afoul of the Constitution. Georgia does not impose this requirement for any other medical procedures or surgeries, even life-threatening surgeries. If attending physicians are duly licensed by the State, they are presumed capable of deciding what their pateints’ needs are. If they fail in the exercise of their medical judgment, they may be sanctioned or censured and their licenses revoked. Physicians are trained and encouraged to consult with other physicians as a matter of course in difficult cases, and Georgia has offered no reason to think that physicians will not follow this practice in cases of abortion. Rather, in this as in other challenged regulations, Georgia appears to be treating abortions as a special kind of medical procedure that should be discouraged through a series of procedural hurdles. It may not burden the exercise of a fundamental right in this fashion. Apellats also challenge Georgia’s requirements under p 1201(b)(1) and (b)(2) that the pregnant woman be a resident of the State and that she swear an oath to that effect. Georgia’s prohibition is not an internal regulation of its own hospitals; it applies alike to public and private facilities throughout the State, all of which are forbidden to perform this particular medical procedure for nonresidents Georgia has made no showing that there is a crisis in the delivery of health care for citizens or a shortage of available clinics and hospitals. Under Article Iv, p 2, states must provide to citizens of other states the same the privileges and immunities as are enjoyed by its own citizens. We do not think that Article Iv p 2 allows a state to prohibit te provision of medical care to noncitizens. See Toomer v. Witsell, 334 U.S. 385 (1948). We therefore hold the residency requirement unconstitutional."
Roe v. Wade

January 1, 1970

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https://en.wikiquote.org/wiki/Roe_v._Wade