Hartigan v. Zbaraz
Headline: Court split affirms lower-court judgment in an abortion-related appeal, leaving the Seventh Circuit’s ruling in place while the Justices were equally divided, affecting the Illinois parties and intervening organizations.
Holding:
- Leaves the lower-court ruling in place for the parties involved.
- No Supreme Court majority opinion created a new nationwide rule.
- Highlights continuing disputes among abortion-related groups and states.
Summary
Background
This case is an appeal brought by Neil F. Hartigan, Attorney General of Illinois, and other state officials against Zbaraz and others. The appeal came up from the United States Court of Appeals for the Seventh Circuit and was argued on November 3, 1987, with a decision announced December 14, 1987. The published record shows many medical groups and both abortion-rights and anti-abortion organizations filed briefs supporting one side or the other, indicating the dispute involved abortion-related interests.
Reasoning
The Supreme Court considered the appeal from the Seventh Circuit. The Court’s action was a per curiam decision stating only that “The judgment below is affirmed by an equally divided Court.” That language means the Justices were evenly split and no majority opinion explaining the Court’s reasoning was issued. As a result, the practical outcome is that the Seventh Circuit’s judgment remains in effect for the parties in this case.
Real world impact
Because the Justices were equally divided, the Supreme Court did not produce a majority opinion to settle the larger legal question nationally. The immediate effect is to leave the lower-court ruling in place for these parties. The many amici filings from state officials, medical groups, and advocacy organizations show that the dispute attracted broad public and institutional interest and may continue to be litigated in future cases.
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