In The

Supreme Court of the United States




Decided June 15, 1983

Justice O’Connor, Concurring

Topic: Privacy*Court vote: 8–1
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Joining O'Connor opinion: Justice REHNQUIST Justice REHNQUIST Justice WHITE Justice WHITE
Citation: 462 U.S. 506 Docket: 81–185Audio: Listen to this case's oral arguments at Oyez

* As categorized by the Washington University Law Supreme Court Database

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JUSTICE O'CONNOR, with whom JUSTICE WHITE and JUSTICE REHNQUIST join, concurring in part and concurring in the judgment.

I agree with the Court's treatment of the appellant's arguments based on United States v. Vuitch, 402 U. S. 62 (1971), and Patterson v. New York, 432 U. S. 197 (1977). Accordingly, I Join Parts I and II of the Court's opinion.

I concur in the judgment of the Court insofar as it affirms the conviction. For reasons stated in my dissent in Akron v Akron Center for Reproductive Health, ante p. 462 U. S. 416, I do not agree that the constitutional validity of the Virginia mandatory hospitalization requirement is contingent in any way on the trimester in which it is imposed. Rather, I believe that the requirement in this case is not an undue burden on the decision to undergo an abortion.

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