Webster vs

Reproductive Health Services

By Sarah Shelleh

Facts of the case

• In 1986, Missouri enacted legislation that included:– prohibiting public employees from

providing or assisting in abortions not necessary to save the life of the woman

– prohibiting the use of public buildings for providing abortions

– requiring physicians to perform viability tests when the pregnancy was at least 20 weeks.

Freedom & Rights denied

The United States District Court of Missouri struck down the provisions, and prohibited their enforcement. William L. Webster, then Missouri Attorney General, appealed the decision to the Supreme Court.

The Missouri District Court unconstitutionally infringed upon the right to privacy and the Equal Protection Clause of the Fourteenth Amendment.

Supreme Court Decision

• The Court ruled in favor of Webster in a 5-4 decision

• The Court held that none of the challenged provisions of the Missouri legislation were unconstitutional, and made its decision on three points:

• 1: The preamble had not been applied in any concrete manner for the purposes of restricting abortions, and thus did not present a constitutional question.

• 2: The Court held that the Due Process Clause did not require states to enter into the business of abortion, and did not create an affirmative right to governmental aid in the pursuit of constitutional rights.

• 3: The Court found that no case or controversy existed in relation to the counseling provisions of the law.

Interpretation

• In this case, the Court upheld several abortion restrictions, and modified the Roe vs. Wade trimester framework.