Colautti v. Franklin
Is it still good law? What later courts have actually done to this case.
Status
More on how this was screened
The confirmed treatment is listed below; its separate vagueness principles remain distinct from that ruling.
53 later cases cite Colautti v. Franklin; 53 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 Colautti v. Franklin?
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
Overruled in part
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The Court discarded the constitutional viability rule on which Colautti's abortion holding rested.
Dobbs v. Jackson Women's Health Organization · Supreme Court of the United States · filed
The holding in Colautti v. Franklin, 439 U. S. 379, is even more instructive. In that case, the Court noted that prior cases had “stressed viability” and reiterated that “[v]iabil- ity is the critical point” under Roe. 439 U. S., at 388–389. It then struck down Pennsylvania’s definition of viability, id., at 389–394, and it is hard to see how the Court could have done that if Roe’s discussion of viability was not part of its holding. ... Roe and Casey arrogated that authority. We now overrule those decisions and return that authority to the people and their elected representatives.
Read the full opinion on CourtListener →
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