Poe v. Gerstein, 417 U.S. 281 (1974)

Poe v. Gerstein


No. 73-1283


Decided June 3, 1974
417 U.S. 281

APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF FLORIDA

Syllabus

A three-judge District Court, which entered a declaratory judgment holding a state abortion statute unconstitutional, properly refused to issue an injunction against enforcement of the statute, where there was no allegation or proof that the State would not acquiesce in the declaratory judgment.

Affirmed.