Legal Opinion

Fischer v. Commonwealth

Commonwealth Court of Pennsylvania

Decided April 8, 1982No. 283 C.D. 1981PublishedCited by 7 opinions

1Opinion of the Court

Opinion in Support op Sustaining Preliminary Objections by

Judge Blatt,

Before us now are the preliminary objections of the Department of Public Welfare to a petition for review in the nature of a complaint in equity addressed to our original jurisdiction.

The petition for review seeks to restrain the implementation of the Act of December 19, 1980, P.L. 1321 (Act 239), 62 P.S. §453, which permits the use of medical assistance funds for abortions only where such procedures are necessary to save the life of the mother or where the woman is a victim of rape or incest. Act 239 specifically provides:

E…

2Cases cited37 opinions

  1. Roe v. WadeSupreme Court of the United States · 1973
  2. Village of Arlington Heights v. Metropolitan Housing Development Corp.Supreme Court of the United States · 1977
  3. Simon v. Eastern Kentucky Welfare Rights OrganizationSupreme Court of the United States · 1976
  4. Singleton v. WulffSupreme Court of the United States · 1976
  5. McGowan v. MarylandSupreme Court of the United States · 1961

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3Cited by7 opinions

  1. Latella v. CommonwealthCommonwealth Court of Pennsylvania · 1983
  2. Fischer v. Department of Public WelfareSupreme Court of Pennsylvania · 1985
  3. Fischer v. CommonwealthCommonwealth Court of Pennsylvania · 1984
  4. Royal Globe Insurance Co. v. CollinsSupreme Court of Colorado · 1986
  5. Fischer v. Department of Public WelfareCommonwealth Court of Pennsylvania · 1984

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