Murrow v. Clifford

OPINION

COHEN, Senior Judge:

The narrow issue presented for our consideration, on cross motions for summary judgment, is whether New Jersey’s policy of denying AFDC 1 benefits to pregnant women, irrespective of whether there are other dependent children in their care, is constitutionally infirm. As a result of the decision in Burns v. Alcala, 420 U.S. 575, 95 S.Ct. 1180, 43 L.Ed.2d 469 (1975) discussed infra, plaintiffs have abandoned their claims on behalf of the unborn child itself, and limit this action to the claims of the mothers of unborn children. For the reasons discussed below, we find…