Other citing cases
- Abortion Statutory Interpretation –Whether Section 20-208 of the Health-Gen. Article Prohibits Nurse Practitioners, Certified Nurse Midwives, & Physician Assistants from Providing Medication Abortions – Whether the Same Statute Prohibits Physician Assistants from Performing Surgical Abortions, No. 105 OAG 003 (Md. Att'y Gen. Sept. 23, 2020).published
- Abortion Statutory Interpretation –Whether Section 20-208 of the Health-Gen. Article Prohibits Nurse Practitioners, Certified Nurse Midwives, & Physician Assistants from Providing Medication Abortions – Whether the Same Statute Prohibits Physician Assistants from Performing Surgical Abortions, No. 105 OAG 003 (Md. Att'y Gen. Jan. 10, 2020).published
v.
James Brown HARDY, Acting Warden of the Maryland Penitentiary, Appellant
The district court held that petitioner had exhausted his available state remedies prior to filing an application for a writ of habeas corpus and that the writ should issue because the Maryland Therapeutic Abortion Act, 4B Ann.Code of Maryland, Art. 43, §§ 137 et seq. (1971 Repl. Vol.), under which petitioner was convicted, was unconstitutional, be[*1371] cause of the limitations which it placed upon the performance of an abortion. We agree that petitioner had exhausted his available state remedies. Subsequent to the argument before us, the Supreme Court decided Roe v. Wade, - U.S. -, 93 S.Ct. 705, 35 L.Ed.2d 147 (1973) and Doe v. Bolton,-U.S. — , 93 S.Ct. 739, 35 L.Ed.2d 201 (1973). These cases make clear that the district court correctly decided the case, and we affirm on their authority.
Affirmed.