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United States District Court, E. D. New York. Cora Mcrae, Jane Doe, Mary Doe, Susan Roe, Ann Order Accordingly

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United States District Court, E. D. New York. Cora Mcrae, Jane Doe, Mary Doe, Susan Roe, Ann Order Accordingly FOR EDUCATIONAL USE ONLY Page 1 491 F.Supp. 630 (Cite as: 491 F.Supp. 630) abortion; and (5) denial of funding for medically neces- sary abortions did not meet the rationality test. United States District Court, E. D. New York. Cora McRAE, Jane Doe, Mary Doe, Susan Roe, Ann Order accordingly. Moe, Individually and on behalf of all others similarly situated; Planned Parenthood of New York City, Inc.; Reversed, 100 S.Ct. 2671. and Irwin B. Teran, M. D., Jane Hodgson, M. D., David West Headnotes B. Bingham, M. D., Hugh Savage, M. D., Edgar W. Jackson, Lewis H. Koplik, M. D., Individually and on [1] Constitutional Law 92 696 behalf of all others similarly situated; Women's Divi- sion of the Board of Global Ministries of the United 92 Constitutional Law Methodist Church, Theressa Hoover, its Associate Gen- 92VI Enforcement of Constitutional Provisions eral Secretary, Ellen Kirby, its Executive Director, 92VI(A) Persons Entitled to Raise Constitutional Plaintiffs, Questions; Standing v. 92VI(A)3 Particular Questions or Grounds of Joseph A. CALIFANO, Jr., Secretary, United States De- Attack in General partment of Health, Education and Welfare, Defendant, 92k696 k. Abortion and Birth Control. and Most Cited Cases Senators James L. Buckley and Jesse A. Helms, Con- (Formerly 92k42.1(1)) gressman Henry J. Hyde, and Isabella M. Pernicone, Plaintiffs in action challenging validity of Hyde amend- Esq., Intervenor-Defendants. ment limiting expenditure of medicaid funds for abor- NEW YORK CITY HEALTH AND HOSPITALS tion had standing despite contention that the states ad- CORPORATION, Plaintiff, ministered the program and were free to expend funds v. for abortions without regard to whether the federal gov- Joseph A. CALIFANO, Jr., Secretary, United States De- ernment reimbursed the states and that Congress had partment of Health, Education and Welfare, Defendant. simply failed to appropriate funds, which was claimed Nos. 76C1804, 76C1805. to be nonaction not giving rise to cognizable injury. Jan. 15, 1980. [2] Constitutional Law 92 2580 Action was brought challenging validity of Hyde 92 Constitutional Law amendment limiting medicaid funding for abortions. 92XX Separation of Powers The District Court, 421 F.Supp. 533, enjoined enforce- 92XX(C) Judicial Powers and Functions ment of the Amendment. The Supreme Court, 433 U.S. 92XX(C)5 Political Questions 916, 97 S.Ct. 2993, 53 L.Ed.2d 1103, vacated and re- 92k2580 k. In General. Most Cited Cases manded. The District Court, Dooling, J., held that: (1) (Formerly 92k68(1)) Hyde Amendment changed substantive requirements of Congressional failure to appropriate funds under the Title XIX; (2) Amendment did not unconstitutionally Medicaid Act to cover the costs of most abortions was establish a religion nor work an unconstitutional entan- not a political question outside judicial competence. glement of government in the affairs of a religion; (3) Amendment did violate the liberty interest in individual [3] United States 393 85 decision of religiously formed conscience to terminate 393 United States pregnancy for medical reasons; (4) state may fund nor- 393VI Fiscal Matters mal childbirth while refusing to fund nontherapeutic © 2010 Thomson Reuters. No Claim to Orig. US Gov. Works. FOR EDUCATIONAL USE ONLY Page 2 491 F.Supp. 630 (Cite as: 491 F.Supp. 630) 393k85 k. Appropriations. Most Cited Cases caid Appropriation act must precede the final act of drawing 198Hk472 Benefits and Services Covered money from the federal treasury. U.S.C.A.Const. Art. 1, 198Hk480 k. Abortion or Birth Control. § 9, cl. 7. Most Cited Cases (Formerly 356Ak241.95) [4] Constitutional Law 92 2454 Hyde amendment limiting expenditure of federal funds for abortions under Medicaid Act amended the Medi- 92 Constitutional Law caid Act substantively; it did not merely withhold feder- 92XX Separation of Powers al matching funds from certain classes of abortions but 92XX(C) Judicial Powers and Functions also relieved the states of the duty to include in their 92XX(C)1 In General plans the provisions for such abortions. 92k2454 k. Determination of Constitution- ality of Statutes. Most Cited Cases [7] Abortion and Birth Control 4 129 (Formerly 92k70.1(3), 92k70.1(2)) 4 Abortion and Birth Control Constitutional Law 92 2457 4k128 Access and Interference 4k129 k. In General. Most Cited Cases 92 Constitutional Law (Formerly 4k0.5, 4k0.50) 92XX Separation of Powers While requirement affecting legal abortions is not un- 92XX(C) Judicial Powers and Functions constitutional unless it unduly burdens right to seek an 92XX(C)1 In General abortion, if such a burden is imposed upon access to 92k2457 k. Interpretation of Statutes. Most legal abortion services, the statute imposing it is inval- Cited Cases id. (Formerly 92k70.1(2)) It is the inescapable responsibility of judiciary, state and [8] Abortion and Birth Control 4 126 federal, to determine whether or not legislation trans- gresses the constitutional limits on legislation and to in- 4 Abortion and Birth Control terpret legislation. 4k126 k. Funding and Insurance. Most Cited Cases (Formerly 4k0.5, 4k0.50) [5] Federal Civil Procedure 170A 219 Health 198H 480 170A Federal Civil Procedure 170AII Parties 198H Health 170AII(E) Necessary Joinder 198HIII Government Assistance 170AII(E)2 Particular, Necessary or Indis- 198HIII(B) Medical Assistance in General; Medi- pensable Parties caid 170Ak219 k. Governmental Bodies and Of- 198Hk472 Benefits and Services Covered ficers Thereof. Most Cited Cases 198Hk480 k. Abortion or Birth Control. States were not indispensable necessary parties to action Most Cited Cases challenging validity of Hyde amendment limiting fund- (Formerly 4k0.5, 4k0.50) ing of medicaid abortions. State funding of normal childbirth does not unduly bur- den a woman's constitutionally protected fundamental [6] Health 198H 480 right to choose whether or not to terminate a pregnancy. 198H Health [9] Health 198H 480 198HIII Government Assistance 198HIII(B) Medical Assistance in General; Medi- 198H Health © 2010 Thomson Reuters. No Claim to Orig. US Gov. Works. FOR EDUCATIONAL USE ONLY Page 3 491 F.Supp. 630 (Cite as: 491 F.Supp. 630) 198HIII Government Assistance 198H Health 198HIII(B) Medical Assistance in General; Medi- 198HIII Government Assistance caid 198HIII(B) Medical Assistance in General; Medi- 198Hk472 Benefits and Services Covered caid 198Hk480 k. Abortion or Birth Control. 198Hk472 Benefits and Services Covered Most Cited Cases 198Hk480 k. Abortion or Birth Control. (Formerly 356Ak241.95) Most Cited Cases Nontherapeutic abortion is an unnecessary medical ser- (Formerly 356Ak241.95) vice that may be withheld, notwithstanding that child- No legislative interest outweighing the interests in teen- birth is funded, because it is reasonable to encourage agers' health can be advanced to justify discriminatory the birth of the potential life in which the state has an denial of necessary medical care in the form of restric- interest. tions on abortions imposed by the Hyde amendment; adolescents at a high risk of pregnancy are a suspect [10] Abortion and Birth Control 4 108 class. 4 Abortion and Birth Control [13] Health 198H 480 4k108 k. Health and Safety of Patient. Most Cited Cases 198H Health (Formerly 92k82(10)) 198HIII Government Assistance To overrule doctor's medical judgment and withdraw 198HIII(B) Medical Assistance in General; Medi- medical care in the nature of abortion because the med- caid ically recommended course prefers the health of the 198Hk472 Benefits and Services Covered pregnant woman over the fetal life is an unduly burden- 198Hk480 k. Abortion or Birth Control. some interference with the pregnant woman's freedom Most Cited Cases to decide to terminate her pregnancy when appropriate (Formerly 356Ak241.95) concern for her health makes that course medically ne- Although legislature need not be neutral between nor- cessary. mal childbirth and nontherapeutic abortion, the rational- ity test requires that it be neutral among medically ne- [11] Health 198H 473 cessary procedures in the absence of any special cir- cumstances relevant to the legislative aims of the health 198H Health care program. U.S.C.A.Const. Amend. 5. 198HIII Government Assistance 198HIII(B) Medical Assistance in General; Medi- [14] Constitutional Law 92 1396 caid 198Hk472 Benefits and Services Covered 92 Constitutional Law 198Hk473 k. In General. Most Cited Cases 92XIII Freedom of Religion and Conscience (Formerly 198Hk478, 356Ak241.95) 92XIII(B) Particular Issues and Applications Medicaid eligible woman who is pregnant has a stat- 92k1394 Health Care utory entitlement to medical assistance and, if her preg- 92k1396 k. Abortion and Birth Control. nancy becomes a problem pregnancy, her entitlement Most Cited Cases extends to receive the medical treatment appropriate to (Formerly 92k84.5(17), 92k84) her medical problem, the treatment which is recommen- ded by her attending physician's judgment. Health 198H 480 [12] Health 198H 480 198H Health 198HIII Government Assistance © 2010 Thomson Reuters. No Claim to Orig. US Gov. Works. FOR EDUCATIONAL USE ONLY Page 4 491 F.Supp. 630 (Cite as: 491 F.Supp. 630) 198HIII(B) Medical Assistance in General; Medi- the individual decisions of religiously formed con- caid science to terminate pregnancy for medical reasons. 198Hk472 Benefits and Services Covered U.S.C.A.Const. Amends. 1, 5. 198Hk480 k. Abortion or Birth Control. *632 Rhonda Copelon and Nancy Stearns, Center for Most Cited Cases Constitutional Rights, New York City, Janet Benshoof (Formerly 356Ak241.95) and Judy Levin, American Civil Liberties Union, Sylvia Hyde Amendment limiting medicaid funding of abor- A. Law, Jill Laurie Goodman, New York City, and Nad- tions does not work an impermissible establishment of ine Taub, Newark, N. J., for plaintiff women and medic- religion. U.S.C.A.Const. Amend. 1. al doctors, and for Women's Division of the Board of Global Ministries of the United Methodist Church. [15] Constitutional Law 92 1396 Harriet F. Pilpel, New York City (Greenbaum, Wolff & 92 Constitutional Law Ernst, New York City, of counsel) and Eve W.
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