Gerstein v. Coe
Headline: Court dismisses State’s direct appeal of a federal ruling that struck down Florida’s law requiring a husband’s consent for abortion and denies immediate Supreme Court review, sending review to lower appeals court.
Holding: The appeal is dismissed for lack of jurisdiction because 28 U.S.C. §1253 does not permit a direct Supreme Court appeal from a declaratory judgment alone.
- Prevents immediate Supreme Court review of the declaratory ruling under §1253.
- Requires Florida to pursue appeal in the federal Court of Appeals.
- District court withheld an injunction while the appeal proceeds.
Summary
Background
A three-judge federal trial court declared unconstitutional a Florida law that forbids an abortion without the husband’s consent if the woman is married, and without a parent’s consent if the unmarried woman is under 18. That court declined to issue an injunction because it expected the State to respect the declaratory ruling. Florida sought to appeal directly to the Supreme Court under a statute that allows certain immediate appeals from three-judge courts.
Reasoning
The central question was whether the Supreme Court had authority to hear a direct appeal from a declaratory judgment under 28 U.S.C. §1253. The Court held that §1253 does not authorize an appeal from the grant or denial of declaratory relief alone and dismissed the State’s appeal for lack of jurisdiction, citing earlier cases. The opinion noted that a normal appeal to the federal Court of Appeals is available and that such an appeal had already been taken. A request to treat the filing as an urgent petition for review before the appeals court decision was denied.
Real world impact
Because the Supreme Court declined to take this direct appeal, it did not decide the underlying constitutional question about the Florida law. The State must pursue ordinary appellate review in the federal Court of Appeals, where an appeal is already pending. The district court’s decision and its choice not to enter an injunction remain part of the record while the appeals process continues.
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