Legal Opinion

COMMONWEALTH OF PENNSYLVANIA, Petitioner, v. DEPARTMENT OF HEALTH AND HUMAN SERVICES, Respondent

Court of Appeals for the Third Circuit

Decided December 21, 1983No. 82-3547PublishedCited by 18 opinions

1Opinion of the Court

OPINION OF THE COURT

SLOVITER, Circuit Judge.

The Commonwealth of Pennsylvania appeals from a decision by the Department of Health and Human Services (HHS) denying reimbursement for funds that the Commonwealth expended under the Medicaid program for abortions performed immediately after the Hyde amendment took effect. We must resolve two major issues: first, whether this court has jurisdiction to review directly the decision of the Secretary, and second, whether the Hyde amendment should be interpreted as requiring the state to pay the entire share of abortions performed while Medicaid…

2Cases cited14 opinions

  1. Morton v. MancariSupreme Court of the United States · 1974
  2. Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1981
  3. Harris v. McRaeSupreme Court of the United States · 1980
  4. Clark v. Uebersee Finanz-Korp., AGSupreme Court of the United States · 1947
  5. State of New Jersey v. Department of Health and Human ServicesCourt of Appeals for the Third Circuit · 1981

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3Cited by18 opinions

  1. A.H. Robins Co. v. PiccininCourt of Appeals for the Fourth Circuit · 1986
  2. A.H. Robins Company, Incorporated v. Anna Piccinin, and Nancy Campbell, Kathryn Conrad, Jeanette Dicharry, Vernon Dicharry, Luisa Mosa, Stella J. Camp, John H. Camp, Helen Barnett, Michael Barnett, and Edna Lindsey Ruminiski, Aetna Casualty and Surety Company, Intervenor/appellee. In Re A.H. Robins Company, Incorporated, Debtor. A.H. Robins Company, Incorporated v. Committee Representatives of Dalkon Shield Aetna Casualty and Surety Company, Intervenor/appellee. In Re A.H. Robins Company, Incorporated, Debtor. A.H. Robins Company, Incorporated v. Kathryn Conrad, Luisa and Jack Mosa, in Re A.H. Robins Company, Inc., Debtor. A.H. Robins Company, Inc. v. Anna PiccininCourt of Appeals for the Fourth Circuit · 1986
  3. Caster v. United States (In Re Caster)United States Bankruptcy Court, E.D. Pennsylvania · 1987
  4. The United States v. Daniel Bruno, Dennis Hiler. Appeal of Dennis HilerCourt of Appeals for the Third Circuit · 1990
  5. Manno v. American General Finance Co.District Court, E.D. Pennsylvania · 2006

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