Legal Opinion

McRae v. Mathews

District Court, E.D. New York

Decided October 22, 1976No. 76-C-1804, 76-C-1805PublishedCited by 20 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

DOÓLING, District Judge.

By these actions plaintiffs seek to invalidate Section 209 of Public Law 94-439, the Departments of Labor and Health, Education, and Welfare Appropriation Act, 1977; that section became law on September 30, 1976. It provides that:

None of the funds contained in this Act shall be used to perform abortions except when the life of the mother would be endangered if the fetus were carried to term.

The Act is the general appropriation Act for the fiscal year ending September 30, 1977, and it includes provision for Medicaid reimbursement.

The part of the…

2Cases cited26 opinions

  1. Roe v. WadeSupreme Court of the United States · 1973
  2. Flast v. CohenSupreme Court of the United States · 1968
  3. Singleton v. WulffSupreme Court of the United States · 1976
  4. Shapiro v. ThompsonSupreme Court of the United States · 1969
  5. Doe v. BoltonSupreme Court of the United States · 1973

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3Cited by20 opinions

  1. Harris v. McRaeSupreme Court of the United States · 1980
  2. Preterm, Inc. v. Michael S. Dukakis, Parents' Aid Society, Inc. v. Alexander E. Sharp Ii, Parents' Aid Society, Inc. v. Alexander E. Sharp IICourt of Appeals for the First Circuit · 1979
  3. Roe v. CaseyCourt of Appeals for the Third Circuit · 1980
  4. McRae v. CalifanoDistrict Court, E.D. New York · 1980
  5. 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

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