Simopoulos v. Virginia

1983-06-15

Headline: Court upholds Virginia rule requiring second‑trimester abortions to be performed in licensed hospitals or licensed outpatient surgical clinics, affirming a doctor’s conviction and restricting nonhospital second‑trimester care.

Holding: The Court affirmed the conviction and held that Virginia’s requirement that second‑trimester abortions be performed in licensed hospitals or licensed outpatient surgical clinics does not unconstitutionally burden the right to privacy.

Real World Impact:

Makes it illegal to perform second‑trimester abortions outside a licensed hospital or licensed outpatient surgical clinic.
Encourages clinics to seek outpatient hospital licenses to continue offering second‑trimester abortions.
Affirms criminal conviction risk for doctors who perform unlicensed second‑trimester abortions.

Topics: abortion rules, health facility licensing, second‑trimester abortions, patient safety

Summary

Background

A Virginia obstetrician-gynecologist performed a saline second‑trimester abortion at his unlicensed clinic for a 17‑year‑old patient who later aborted the fetus in a motel. The doctor was indicted and convicted for performing a second‑trimester abortion outside a licensed hospital under Virginia law, and the Virginia Supreme Court affirmed his conviction before this appeal.

Reasoning

The Court addressed whether Virginia’s rule that second‑trimester abortions be done in a hospital licensed by the State Department of Health unconstitutionally burdens the privacy right. The Court explained that Virginia’s law and health regulations define “hospital” to include licensed outpatient surgical hospitals and set staffing, construction, and patient‑care standards for such clinics. Because adequately equipped outpatient surgical hospitals could obtain licenses to perform second‑trimester abortions, the requirement was not the same as rules that force all second‑trimester procedures into full‑service acute‑care hospitals. Applying the State’s important interest in maternal health, the Court concluded the licensing requirement is a reasonable way to protect patient safety and affirmed the doctor’s conviction.

Real world impact

The ruling means doctors and clinics must use licensed hospitals or obtain outpatient surgical hospital licenses to lawfully provide second‑trimester abortions in Virginia. It upholds criminal penalties for performing second‑trimester abortions outside licensed facilities and leaves the choice of method and timing with the patient and physician, subject to licensing rules. The opinion notes the licensing rules were later updated but affirms licensing as a valid health regulation.

Dissents or concurrances

Justice O’Connor concurred in the judgment but differed on the trimester‑based analysis; Justice Stevens dissented, arguing the Court should not interpret state law and would have remanded for the state court to reconsider.