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DOE v. SMITH

decided: June 15, 1988.

DOE
v.
SMITH



ON APPLICATION FOR WRIT OF INJUNCTION.

Author: Stevens

[ 486 U.S. Page 1308]

JUSTICE STEVENS, Circuit Justice.

Applicant has filed an application with me as Circuit Justice to enter an order enjoining Jane Smith from obtaining an abortion of their unborn child. For the reasons hereinafter stated, the application is denied.

 Applicant initiated proceedings seeking this relief from the Elkhart, Indiana, Superior Court on May 31, 1988. After granting a temporary restraining order without notice, the Superior Court held an evidentiary hearing, made detailed findings of fact, conclusions of law, and filed a written opinion. The findings recite, in part:

"5) That the unrebutted testimony from both the parties is that the Plaintiff is the natural father of the unborn child of the mother.

"6) That the Plaintiff and the Defendant have never been married and do not contemplate marriage.

[ 486 U.S. Page 1309]

     "7) That the child was conceived in April of 1988 during a liaison between the mother and the father, which commenced in February or March and terminated shortly after conception.

"8) That at the time conception occurred, the father was separated from his wife of six months, and upon leaving the Defendant he became reunited with his first wife.

"9) That the father has two children, one his biological issue, with his first wife.

"12) That the father has been sporadically employed at low-paying jobs for the last eighteen months.

"13) That the mother has testified she is physically, emotionally and economically unwilling to bear the child.

"14) That the parties mutually agree that there is no foreseeable possibility of their ...


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