The Supreme Court of the United States assumed without first determining if the case was an appropriate one for a declaratory judgment, ruled that the statutes "prohibit the action proposed to be done" by appellant and "are constitutional."

The Appellee claimed that the appellant, a physician, committed such an offense for giving professional advice concerning the use of contraceptives to three patients whose condition of health was such that their lives would be endangered by child-bearing.

The appellant contended that because of the nature of his patients' exceptional condition in light of the danger child-bearing could pose for them that this was a just reason for the advice to be authorized and necessary.

However, his complaint contained no allegations asserting any claim under the Fourteenth Amendment of infringement of appellant's liberty or his property rights.

"[1] The sole constitutional attack upon the statutes in question were under the Fourteenth Amendment and confined the physician's contention for depravity of life—not appellant's but his patients'.