Legal Opinion

Orr v. Nelson

District Court, D. Nebraska

Decided January 25, 1995No. 4:CV94-3252PublishedCited by 6 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

KOPF, District Judge.

On November 4, 1994 (filing 19) I granted declaratory and injunctive relief in favor of Plaintiffs and against Defendants after I found that Nebraska’s Medicaid regulations violated the Supremacy Clause of the Constitution because those regulations conflicted with federal law found in the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1994, P.L. 103-112, § 509, 1993 U.S.C.C.A.N. 107 (Stat.) 1082, 1113 (October 21, 1993) (hereinafter “1994 Hyde Amendment”.) The 1994 Hyde Amendment provided that:…

2Cases cited16 opinions

  1. Pierce v. UnderwoodSupreme Court of the United States · 1988
  2. Central Bank of Denver, N. A. v. First Interstate Bank of Denver, N. A.Supreme Court of the United States · 1994
  3. Lorillard v. PonsSupreme Court of the United States · 1978
  4. Wilder v. Virginia Hospital Assn.Supreme Court of the United States · 1990
  5. Keene Corp. v. United StatesSupreme Court of the United States · 1993

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3Cited by6 opinions

  1. Hern v. BeyeCourt of Appeals for the Tenth Circuit · 1995
  2. Hern v. BeyeCourt of Appeals for the Tenth Circuit · 1995
  3. Little Rock Family Planning Services, P.A. v. DaltonCourt of Appeals for the Eighth Circuit · 1995
  4. Carhart v. StenbergDistrict Court, D. Nebraska · 1998
  5. Little Rock Family Planning Services, P.A. Curtis E. Stover, M.D. Fayetteville Women's Clinic Tom Tvedten, M.D., on Behalf of Themselves and the Medicaid-Eligible Women of the State of Arkansas to Whom They Provide Health Care v. Thomas Dalton, Director of the Arkansas Department of Human Services, in His Official Capacity Kenny Whitlock, Deputy Director of the Arkansas Division of Economic and Medical Services, in His Official Capacity Jim Guy Tucker, Governor of the State of Arkansas in His Official Capacity, and Their Successors, G. William Orr, M.D., on Behalf of Himself and the Medicaid-Eligible Women Seeking Abortions He Serves Womens Services, P.C. v. E. Benjamin Nelson, in His Official Capacity as Governor of the State of Nebraska Donald Stenberg, in His Official Capacity as Attorney General of the State of Nebraska Mary Dean Harvey, in Her Official Capacity as Director of the Nebraska Department of Social ServicesCourt of Appeals for the Eighth Circuit · 1995

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