Doe v. Bolton
Is it still good law? What later courts have actually done to this case.
Status
More on how this was screened
The Fifth Circuit later described Doe as abrogated on that ground in Braidwood Management v. EEOC, while continuing to apply its separate standing rule. A Third Circuit opinion criticized Doe's brief discussion of interstate travel for medical care but assumed its premise without deciding its validity. All 42 flagged citations have been read. The two adverse treatments are listed below.
42 later cases cite Doe v. Bolton; 42 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.
Relying on Doe v. Bolton?
This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.
Treatments
Abrogated
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Dobbs removed the constitutional abortion right on which Doe's invalidation of Georgia's abortion restrictions depended; Doe's separate standing rule remains in use.
Dobbs v. Jackson Women's Health Organization · Supreme Court of the United States · filed
We hold that Roe and Casey must be overruled.
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Criticized
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The Third Circuit called Doe's discussion of interstate travel for medical care cursory, while assuming its premise and upholding New Jersey's residency rule on other grounds.
Dr. Paul Bryman v. Phil Murphy · Third Circuit · filed
Though Doe appeared to recognize that privilege, its analysis was cursory. 410 U.S. at 200. And it is the only medical case involving visitors, not new residents. Still, Saenz cites Doe approvingly, though only in passing. 526 U.S. at 502. So for now, let us grant Bryman’s premise.
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Does this case still carry your argument?
Describe your facts. Ezel reads Doe v. Bolton and the cases that treated it, then tells you whether it still holds for your situation, with citations.
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