Legal Opinion

Hodgson v. Board of County Commissioners

Court of Appeals for the Eighth Circuit

Decided January 9, 1980No. 79-1665PublishedCited by 21 opinions

1Opinion of the Court

STEPHENSON, Circuit Judge.

At issue is the validity of a Minnesota welfare statute, Minn.Stat.Ann. § 256B.02, subd. 8(13) (West Supp.1978), which provides medical payment reimbursements for only those abortions necessary to prevent the pregnant woman’s death or to terminate pregnancy resulting from rape or incest.1 On plaintiffs’ motion for summary judgment the district court2 held that this restriction conflicted with the requirements of the Medicaid Act, Title XIX of the Social Security Act of 1965, 42 U.S.C. §§ 1396-1396i. The court further held that these requirements were not affected by…

2Cases cited24 opinions

  1. United States v. American Trucking AssociationsSupreme Court of the United States · 1940
  2. Tennessee Valley Authority v. HillSupreme Court of the United States · 1978
  3. Crowell v. BensonSupreme Court of the United States · 1932
  4. Chrysler Corp. v. BrownSupreme Court of the United States · 1979
  5. Maher v. RoeSupreme Court of the United States · 1977

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3Cited by21 opinions

  1. Roe v. CaseyCourt of Appeals for the Third Circuit · 1980
  2. Mitchell v. JohnstonCourt of Appeals for the Fifth Circuit · 1983
  3. Thomas v. JohnstonDistrict Court, W.D. Texas · 1983
  4. Jane E. Hodgson, M. D. Midwest Health Center for Women, Inc. Paula Poe Sandra Lackey and All Others Similarly Situated v. Board of County Commissioners, County of Hennepin John E. Derus, Chairman Jeff Spartz Thomas E. Ticen Richard E. Kremer E. F. Robb, Jr. Sam S. Sivanich Nancy Olkon Robert Randle, Director, Medical Assistance Program, Department of Public Health Thomas Jolicoeur, Supervisor, Medical Advisory Unit Edward J. Dirkswager, Jr., Commissioner, Department of Public Welfare Department of Public Welfare of the State of Minnesota, Carolyn Coe, Individually and on Behalf of All Others Similarly Situated and Mark Tanz, M. D., Individually and on Behalf of All Others Similarly Situated v. Edward J. Dirkswager, Jr., Individually and in His Capacity as Commissioner, Minnesota Department of Public Welfare and State of Minnesota, Department of Public Welfare Howard Kelly, Individually and in His Capacity as Division Director, Hennepin County Department of Economic Assistance, Adult Medical Division, Individually and on Behalf of All Other Directors of County Department of Economic Assistance, Adult Medical Division for All Other Counties in the State of MinnesotaCourt of Appeals for the Eighth Circuit · 1980
  5. Little Rock Family Planning Services, P.A. v. DaltonDistrict Court, E.D. Arkansas · 1994

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