Hope v. Perales

OPINION OF THE COURT

Chief Judge Kaye.

At issue is the validity, under the State Constitution, of New York’s Prenatal Care Assistance Program (PCAP) (Public Health Law § 2520 et seq.). Plaintiffs claim that the statute is facially unconstitutional by reason of underinclusiveness, for its failure to include medically necessary abortions in a prenatal care public funding scheme for women with incomes up to 85% over the Federal poverty level (meaning annual income for a single pregnant woman of between $9,840 and $18,204). 1 We now reverse the Appellate Division order and declare the statute…