Legal Opinion

Reproductive Health Services v. Freeman

Court of Appeals for the Eighth Circuit

Decided January 9, 1980No. Nos. 79-1275, 79-1346PublishedCited by 18 opinions

1Opinion of the Court

STEPHENSON, Circuit Judge.

At issue is the validity of a Missouri medical assistance regulation that makes public subsidy of abortions available only where a full-term pregnancy and childbirth would cause the death of the mother. The district court1 held the regulation invalid on the basis that it conflicted with the Federal Medicaid Act (Title XIX). The court further held, however, that Missouri could legally refuse to subsidize abortion expenses for which it would receive no federal reimbursement under the Hyde Amendment.2 The court then determined *588that Missouri’s abortion subsidy scheme,…

2Cases cited40 opinions

  1. Roe v. WadeSupreme Court of the United States · 1973
  2. Dandridge v. WilliamsSupreme Court of the United States · 1970
  3. San Antonio Independent School District v. RodriguezSupreme Court of the United States · 1973
  4. Singleton v. WulffSupreme Court of the United States · 1976
  5. Ashwander v. Tennessee Valley AuthoritySupreme Court of the United States · 1936

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3Cited by18 opinions

  1. Roe v. CaseyCourt of Appeals for the Third Circuit · 1980
  2. McRae v. CalifanoDistrict Court, E.D. New York · 1980
  3. 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
  4. Brown v. Fairleigh Dickinson UniversityDistrict Court, D. New Jersey · 1983
  5. Nyberg v. City of VirginiaCourt of Appeals for the Eighth Circuit · 1982

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