Legal Opinion

Children's Healthcare is a Legal Duty, Inc. v. Min De Parle

Court of Appeals for the Eighth Circuit

Decided May 1, 2000No. 98-3521PublishedCited by 37 opinions

1Opinion of the Court

WOLLMAN, Chief Judge.

Section 4454 of the Balanced Budget Act of 1997 creates exceptions to the Medicare and Medicaid Acts for persons who have religious objections to the receipt of medical care. These exceptions enable such individuals to receive government assistance for nonmedical care that they receive in facilities that, for religious reasons, administer only nonmedical services. Appellants Bruce Bostrom, Steven Peterson, and Children’s Healthcare is a Legal Duty, Inc., utilizing taxpayer standing, filed suit in federal district claiming that section 4454 impermissibly establishes…

2Cases cited30 opinions

  1. Flast v. CohenSupreme Court of the United States · 1968
  2. Lemon v. KurtzmanSupreme Court of the United States · 1971
  3. Sherbert v. VernerSupreme Court of the United States · 1963
  4. Agostini v. FeltonSupreme Court of the United States · 1997
  5. Church of the Lukumi Babalu Aye, Inc. v. City of HialeahSupreme Court of the United States · 1993

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3Cited by37 opinions

  1. Awad v. ZiriaxCourt of Appeals for the Tenth Circuit · 2012
  2. Fulton v. PhiladelphiaSupreme Court of the United States · 2021
  3. Colorado Christian University v. WeaverCourt of Appeals for the Tenth Circuit · 2008
  4. Catholic Charities of Sacramento, Inc. v. Superior CourtCalifornia Supreme Court · 2004
  5. Catholic Health Initiatives v. CITY OF PUEBLO, DEPT. OF FINANCESupreme Court of Colorado · 2009

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