rust
sullivan
argued
october
decided
may
section
public
health
service
act
specifies
none
federal
funds
appropriated
act
title
services
shall
used
programs
abortion
method
family
planning
respondent
secretary
health
human
services
issued
new
regulations
inter
alia
prohibit
title
projects
engaging
counseling
concerning
referrals
activities
advocating
abortion
method
family
planning
require
projects
maintain
objective
integrity
independence
prohibited
abortion
activities
use
separate
facilities
personnel
accounting
records
regulations
applied
petitioners
title
grantees
doctors
supervise
title
funds
filed
suits
consolidated
challenging
regulations
facial
validity
seeking
declaratory
injunctive
relief
prevent
implementation
affirming
district
grant
summary
judgment
secretary
appeals
held
regulations
permissible
construction
statute
consistent
first
fifth
amendments
held
regulations
permissible
construction
title
pp
ambiguous
speak
directly
issues
abortion
counseling
referral
advocacy
program
integrity
secretary
construction
must
accorded
substantial
deference
interpretation
agency
charged
administering
statute
may
disturbed
abuse
discretion
reflects
plausible
construction
statute
plain
language
otherwise
conflict
congress
expressed
intent
chevron
natural
resource
defense
council
title
broad
language
plainly
allows
abortion
counseling
referral
advocacy
regulations
since
title
neither
defines
method
family
planning
phrase
enumerates
types
medical
counseling
services
entitled
funding
said
secretary
construction
prohibition
require
ban
activities
within
title
projects
impermissible
moreover
since
legislative
history
ambiguous
congress
intent
issues
defer
secretary
expertise
petitioners
contention
regulations
entitled
little
deference
reverse
secretary
longstanding
policy
permitting
nondirective
counseling
referral
abortion
rejected
agency
must
given
ample
latitude
adapt
rules
changing
circumstances
revised
interpretation
may
deserve
deference
secretary
change
interpretation
amply
supported
reasoned
analysis
indicating
new
regulations
keeping
statute
original
intent
justified
client
experience
prior
policy
accord
shift
attitude
elimination
unborn
children
abortion
pp
regulations
program
integrity
requirements
inconsistent
title
plain
language
secretary
view
requirements
necessary
ensure
title
grantees
apply
federal
funds
authorized
purposes
avoid
creating
appearance
governmental
support
activities
unreasonable
light
express
prohibitory
language
entitled
deference
petitioners
contention
unpersuasive
requirements
frustrate
congress
intent
clearly
expressed
act
legislative
history
title
programs
integral
part
broader
comprehensive
health
care
system
envisions
efficient
use
funds
statements
relied
highly
generalized
directly
address
scope
therefore
form
basis
enjoining
regulations
indeed
legislative
history
demonstrates
congress
intended
title
funds
kept
separate
distinct
activities
moreover
need
invalidate
regulations
order
save
statute
unconstitutionality
since
petitioners
constitutional
arguments
carry
day
pp
regulations
violate
first
amendment
free
speech
rights
private
title
fund
recipients
staffs
patients
impermissibly
imposing
conditions
government
subsidies
question
prohibition
constitutional
since
government
may
make
value
judgment
favoring
childbirth
abortion
implement
judgment
allocation
public
funds
maher
roe
government
discriminated
basis
viewpoint
merely
chosen
fund
one
activity
exclusion
another
similarly
implementing
statutory
prohibition
forbidding
counseling
referral
provision
information
regarding
abortion
method
family
planning
regulations
simply
ensure
appropriated
funds
used
activities
including
speech
outside
federal
program
scope
arkansas
writers
project
ragland
distinguished
petitioners
view
government
chooses
subsidize
one
protected
right
must
subsidize
analogous
counterpart
rights
soundly
rejected
see
regan
taxation
representation
face
regulations
read
petitioners
contend
bar
abortion
referral
counseling
woman
life
placed
imminent
peril
pregnancy
since
seem
counseling
considered
method
family
planning
since
provisions
regulations
contemplate
title
project
engage
otherwise
prohibited
activities
circumstances
regulations
restrictions
subsidization
speech
held
unconstitutionally
condition
receipt
benefit
title
funding
relinquishment
constitutional
right
right
engage
abortion
advocacy
counseling
regulations
force
title
grantee
employees
give
speech
merely
require
activities
kept
separate
distinct
activities
title
project
fcc
league
women
voters
regan
supra
distinguished
although
argued
traditional
relationship
enjoy
first
amendment
protection
government
regulation
even
subsidized
government
kokinda
question
need
resolved
since
title
program
regulations
significantly
impinge
relationship
pp
regulations
violate
woman
fifth
amendment
right
choose
whether
terminate
pregnancy
government
constitutional
duty
subsidize
activity
merely
constitutionally
protected
may
validly
choose
allocate
public
funds
medical
services
relating
childbirth
abortion
webster
reproductive
health
services
allocation
places
governmental
obstacle
path
woman
wishing
terminate
pregnancy
leaves
choices
government
chosen
fund
family
planning
services
see
harris
mcrae
webster
supra
regulations
place
restrictions
dialogue
violate
woman
right
make
informed
voluntary
choice
akron
akron
center
reproductive
health
thornburgh
american
college
obstetricians
gynecologists
unlike
laws
invalidated
cases
required
doctors
provide
pregnant
patients
contemplating
abortion
specific
antiabortion
information
doctor
ability
provide
woman
right
receive
information
remains
unfettered
outside
context
title
project
fact
title
clients
may
effectively
precluded
indigency
seeing
health
care
provider
services
affect
outcome
since
financial
constraints
woman
ability
enjoy
full
range
constitutionally
protected
freedom
choice
product
governmental
restrictions
indigency
mcrae
supra
pp
rehnquist
delivered
opinion
white
kennedy
scalia
souter
joined
blackmun
filed
dissenting
opinion
marshall
joined
part
joined
parts
ii
iii
stevens
joined
post
stevens
post
filed
dissenting
opinions
post
laurence
tribe
argued
cause
petitioners
cases
briefs
petitioners
kathleen
sullivan
rachael
pine
janet
benshoof
lynn
paltrow
kathryn
kolbert
steven
shapiro
norman
siegel
arthur
eisenberg
roger
evans
laurie
rockett
peter
rubin
robert
abrams
attorney
general
new
york
peter
sherwood
solicitor
general
suzanne
lynn
sanford
cohen
assistant
attorneys
general
victor
kovner
leonard
koerner
lorna
bade
goodman
gail
rubin
hillary
weisman
filed
briefs
petitioners
solicitor
general
starr
argued
cause
filed
brief
respondent
cases
brief
assistant
attorney
general
gerson
deputy
solicitor
general
roberts
jeffrey
minear
anthony
steinmeyer
lowell
sturgill
joel
fn
briefs
amici
curiae
urging
reversal
filed
commonwealth
massachusetts
et
al
david
cole
james
shannon
attorney
general
massachusetts
ruth
bourquin
assistant
attorney
general
anthony
celebrezze
attorney
general
ohio
et
al
celebrezze
pro
se
suzanne
mohr
jack
decker
assistant
attorneys
general
rita
eppler
douglas
baily
attorney
general
alaska
john
van
de
kamp
attorney
general
california
clarine
nardi
riddle
attorney
general
connecticut
charles
oberly
iii
attorney
general
delaware
herbert
reid
corporation
counsel
district
columbia
james
tierney
attorney
general
maine
hubert
humphrey
iii
attorney
general
minnesota
robert
spire
attorney
general
nebraska
robert
del
tufo
attorney
general
new
jersey
dave
frohnmayer
attorney
general
oregon
jim
mattox
attorney
general
texas
jeffrey
amestoy
attorney
general
vermont
mary
sue
terry
attorney
general
virginia
american
college
obstetricians
gynecologists
et
al
carter
phillips
ann
allen
kirk
johnson
laurie
rockett
joel
klein
jack
bierig
american
library
association
et
al
bruce
ennis
david
ogden
american
public
health
association
et
al
larry
lavinsky
charles
sims
michele
ovesey
nadine
taub
association
bar
city
new
york
conrad
harper
janice
goodman
diane
wilner
naacp
legal
defense
educational
fund
et
al
julius
levonne
chambers
charles
stephen
ralston
national
association
women
lawyers
et
al
james
fitzpatrick
hope
walter
dellinger
planned
parenthood
federation
america
et
al
dara
klassel
eve
paul
barbara
otten
biomedical
ethicists
michael
fine
douglas
smith
representative
patricia
schroeder
et
al
david
becker
briefs
amici
curiae
urging
affirmance
filed
american
academy
medical
ethics
carolyn
kuhl
association
american
physicians
surgeons
clarke
forsythe
kent
masterson
brown
feminists
life
america
et
al
edward
grant
knights
columbus
carl
anderson
rutherford
institute
et
al
wm
charles
bundren
john
whitehead
eric
johnston
david
morris
stephen
hurst
joseph
secola
thomas
neuberger
brian
heller
thomas
strahan
william
bonner
larry
crain
james
knicely
catholic
conference
mark
chopko
phillip
harris
senator
gordon
humphrey
et
al
james
bopp
richard
coleson
briefs
amici
curiae
filed
american
life
league
et
al
robert
sassone
catholics
life
et
al
thomas
patrick
monaghan
jay
alan
sekulow
walter
weber
thomas
glessner
charles
rice
michael
laird
legal
defense
education
fund
et
al
john
hall
sarah
burns
alison
wetherfield
national
right
life
committee
et
al
james
bopp
richard
coleson
chief
justice
rehnquist
delivered
opinion
cases
concern
facial
challenge
department
health
human
services
hhs
regulations
limit
ability
title
fund
recipients
engage
activities
appeals
second
circuit
upheld
regulations
finding
permissible
construction
statute
well
consistent
first
fifth
amendments
constitution
granted
certiorari
resolve
split
among
courts
appeals
affirm
congress
enacted
title
public
health
service
act
act
stat
amended
provides
federal
funding
family
planning
services
act
authorizes
secretary
make
grants
enter
contracts
public
nonprofit
private
entities
assist
establishment
operation
voluntary
family
planning
projects
shall
offer
broad
range
acceptable
effective
family
planning
methods
services
grants
contracts
title
must
made
accordance
regulations
secretary
may
promulgate
section
act
however
provides
one
funds
appropriated
subchapter
shall
used
programs
abortion
method
family
planning
restriction
intended
ensure
title
funds
used
support
preventive
family
planning
services
population
research
infertility
services
related
medical
informational
educational
activities
conf
secretary
promulgated
new
regulations
designed
provide
clear
operational
guidance
grantees
preserve
distinction
title
programs
abortion
method
family
planning
fed
reg
regulations
clarify
definition
term
family
planning
congress
intended
title
funds
used
support
preventive
family
planning
services
conf
emphasis
added
accordingly
title
services
limited
preconceptual
counseling
education
general
reproductive
health
care
expressly
exclude
pregnancy
care
including
obstetric
prenatal
care
cfr
regulations
focus
emphasis
title
program
traditional
mission
provision
preventive
family
planning
services
specifically
designed
enable
individuals
determine
number
spacing
children
clarifying
pregnant
women
must
referred
appropriate
prenatal
care
services
fed
reg
regulations
attach
three
principal
conditions
grant
federal
funds
title
projects
first
regulations
specify
title
project
may
provide
counseling
concerning
use
abortion
method
family
planning
provide
referral
abortion
method
family
planning
cfr
title
limited
preconceptional
services
program
furnish
services
related
childbirth
context
referral
title
program
pregnant
woman
given
transitional
information
title
projects
must
refer
every
pregnant
client
appropriate
prenatal
social
services
furnishing
list
available
providers
promote
welfare
mother
unborn
child
ibid
list
may
used
indirectly
encourage
promote
abortion
weighing
list
referrals
favor
health
care
providers
perform
abortions
including
list
referral
providers
health
care
providers
whose
principal
business
provision
abortions
excluding
available
providers
provide
abortions
steering
clients
providers
offer
abortion
method
family
planning
title
project
expressly
prohibited
referring
pregnant
woman
abortion
provider
even
upon
specific
request
one
permissible
response
inquiry
project
consider
abortion
appropriate
method
family
planning
therefore
counsel
refer
abortion
second
regulations
broadly
prohibit
title
project
engaging
activities
encourage
promote
advocate
abortion
method
family
planning
forbidden
activities
include
lobbying
legislation
increase
availability
abortion
method
family
planning
developing
disseminating
materials
advocating
abortion
method
family
planning
providing
speakers
promote
abortion
method
family
planning
using
legal
action
make
abortion
available
way
method
family
planning
paying
dues
group
advocates
abortion
method
family
planning
substantial
part
activities
ibid
third
regulations
require
title
projects
organized
physically
financially
separate
prohibited
abortion
activities
deemed
physically
financially
separate
title
project
must
objective
integrity
independence
prohibited
activities
mere
bookkeeping
separation
title
funds
monies
sufficient
ibid
regulations
provide
list
nonexclusive
factors
secretary
consider
conducting
determination
objective
integrity
independence
existence
separate
accounting
records
separate
personnel
degree
physical
separation
project
facilities
prohibited
activities
ibid
petitioners
title
grantees
doctors
supervise
title
funds
suing
behalf
patients
respondent
secretary
department
health
human
services
regulations
promulgated
applied
petitioners
filed
two
separate
actions
later
consolidated
challenging
facial
validity
regulations
seeking
declaratory
injunctive
relief
prevent
implementation
regulations
petitioners
challenged
regulations
grounds
authorized
title
violate
first
fifth
amendment
rights
title
clients
first
amendment
rights
title
health
providers
initially
granting
petitioners
preliminary
injunction
district
rejected
petitioners
statutory
constitutional
challenges
regulations
granted
summary
judgment
favor
secretary
new
york
bowen
sdny
panel
appeals
second
circuit
affirmed
applying
decision
chevron
natural
resources
defense
council
appeals
determined
regulations
permissible
construction
statute
legitimately
effectuated
congressional
intent
rejected
highly
strained
petitioners
contention
plain
language
forbids
title
projects
performing
abortions
reasoned
wholly
anomalous
read
section
mean
program
merely
counsels
perform
abortions
include
abortion
method
family
planning
natural
construction
term
method
family
planning
includes
counseling
concerning
abortion
ibid
found
construction
consistent
legislative
history
observed
ppellants
contrary
view
legislative
history
based
entirely
highly
generalized
statements
expansive
scope
family
planning
services
specifically
mention
counseling
concerning
abortion
intended
service
title
projects
surely
read
trump
section
statute
specifically
excludes
turning
petitioners
constitutional
challenges
regulations
appeals
rejected
petitioners
fifth
amendment
challenge
held
regulations
impermissibly
burden
woman
right
abortion
government
may
validly
choose
favor
childbirth
abortion
implement
choice
funding
medical
services
relating
childbirth
relating
abortion
finding
prohibition
performance
abortions
upheld
webster
reproductive
health
services
substantially
greater
impact
regulations
challenged
instant
matter
concluded
regulations
create
affirmative
legal
barriers
access
abortion
citing
webster
reproductive
health
services
likewise
found
secretary
implementation
congress
decision
fund
abortion
counseling
referral
advocacy
also
applicable
precedent
constitute
facial
violation
first
amendment
rights
health
care
providers
women
explained
regan
taxation
representation
government
obligation
subsidize
even
exercise
fundamental
rights
including
speech
rights
also
held
regulations
violate
first
amendment
condition
ing
receipt
benefit
relinquishment
constitutional
rights
title
grantees
employees
remain
free
say
whatever
wish
abortion
outside
title
project
finally
rejected
petitioners
contention
regulations
facially
discriminate
basis
viewpoint
speech
involved
ii
begin
pointing
posture
cases
us
petitioners
challenging
facial
validity
regulations
thus
concerned
question
whether
face
regulations
authorized
act
construed
manner
applied
set
individuals
without
infringing
upon
constitutionally
protected
rights
petitioners
face
heavy
burden
seeking
regulations
invalidated
facially
facial
challenge
legislative
act
course
difficult
challenge
mount
successfully
since
challenger
must
establish
set
circumstances
exists
act
valid
fact
regulations
might
operate
unconstitutionally
conceivable
set
circumstances
insufficient
render
wholly
invalid
salerno
turn
first
petitioners
contention
regulations
exceed
secretary
authority
title
arbitrary
capricious
begin
examination
regulations
concerning
abortion
counseling
referral
advocacy
every
appeals
found
authorized
statute
turn
program
integrity
requirement
respect
courts
adopted
conflicting
positions
address
petitioner
claim
regulations
must
struck
raise
substantial
constitutional
question
need
dwell
plain
language
statute
agree
every
addressed
issue
language
ambiguous
language
one
funds
appropriated
subchapter
shall
used
programs
abortion
method
family
planning
speak
directly
issues
counseling
referral
advocacy
program
integrity
statute
silent
ambiguous
respect
specific
issue
question
whether
agency
answer
based
permissible
construction
statute
chevron
secretary
construction
title
may
disturbed
abuse
discretion
reflects
plausible
construction
plain
language
statute
otherwise
conflict
congress
expressed
intent
ibid
determining
whether
construction
permissible
need
conclude
agency
construction
one
permissibly
adopted
even
reading
reached
question
initially
arisen
judicial
proceeding
rather
substantial
deference
accorded
interpretation
authorizing
statute
agency
authorized
administering
broad
language
title
plainly
allows
secretary
construction
statute
terms
prohibits
use
title
funds
programs
abortion
method
family
planning
title
define
term
method
family
planning
enumerate
types
medical
counseling
services
entitled
title
funding
based
broad
directives
provided
congress
title
general
particular
unable
say
secretary
construction
prohibition
require
ban
counseling
referral
advocacy
within
title
project
impermissible
district
courts
courts
appeals
examined
legislative
history
found
least
regard
act
counseling
referral
advocacy
provisions
legislative
history
ambiguous
respect
congress
intent
enacting
title
prohibition
massachusetts
sullivan
congress
addressed
specifically
question
scope
abortion
prohibition
language
statute
legislative
history
support
either
litigants
positions
planned
parenthood
federation
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also
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college
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rights
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virginia
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kraemer
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