ALAN ERNEST, NEXT FRIEND OF CHILDREN UNBORN AND BORN ALIVE, AND ALL OTHERS SIMILARLY SITUATED, APPELLANTS,
v.
UNITED STATES ATTORNEY FOR THE EASTERN DISTRICT OF VIRGINIA AND ATTORNEY GENERAL OF THE UNITED STATES, APPELLEES

4th Cir. | 1985-08-05
No. 85-1388
Before RUSSELL, ERVIN and CHAPMAN, Circuit Judges.
768 F.2d 596 United States Court of Appeals for the Fourth Circuit (1985)
Cited by 1 case

Opinion of the Court
PER CURIAM:

PER CURIAM:

Appellant, Alan Ernest, brought this action pursuant to 28 U.S.C. § 2241 challenging the constitutionality of abortion and asking the district court to declare that Roe v. Wade, 410 U.S. 113, 93 S.Ct. 705, 35 L.Ed.2d 147 (1973), is contrary to the Constitution. The district court held a hearing and dismissed his action. We agree that Roe v. Wade is binding on the district court and on this Court.

Accordingly, the judgment of the district court is affirmed. Since it would not aid the decisional process, we dispense with oral argument.

AFFIRMED.


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