Legal Opinion
Kong v. Scully
Court of Appeals for the Ninth Circuit
Decided September 2, 2003No. 02-15057PublishedCited by 8 opinions
1Opinion of the Court
Opinion by Judge NOONAN; Concurrence by Judge McKEOWN; Concurrence by Judge RAWLINSON
OPINION
NOONAN, Circuit Judge.
David Kong appeals the judgment of the district court upholding as constitutional on its face and as applied section 4454 of the Balanced Budget Act of 1997. This *1134law effected amendments to 42 U.S.C. § 1320 and 42 U.S.C. § 1395 in order to permit payments under Medicare and Medicaid Acts for the nonmedical care of persons whose religious tenets lead them to reject medical services. The district court held that these amendments were not an establishment of religion. We affirm the…
2Cases cited18 opinions
- Valley Forge Christian College v. Americans United for Separation of Church and State, Inc.Supreme Court of the United States · 1982
- Flast v. CohenSupreme Court of the United States · 1968
- Udall v. TallmanSupreme Court of the United States · 1965
- Everson v. Board of Ed. of EwingSupreme Court of the United States · 1947
- Walz v. Tax Comm'n of City of New YorkSupreme Court of the United States · 1970
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3Cited by8 opinions
- Cholla Ready Mix, Inc. v. CivishCourt of Appeals for the Ninth Circuit · 2004
- Catholic Charities of Sacramento, Inc. v. Superior CourtCalifornia Supreme Court · 2004
- Tayag v. Lahey Clinic Hospital, Inc.Court of Appeals for the First Circuit · 2011
- Elizabeth Hunter v. UseduCourt of Appeals for the Ninth Circuit · 2024
- Trunk v. City of San DiegoDistrict Court, S.D. California · 2008
3 more not listed; retrieve them via the Exa API.