harris
mcrae
argued
april
decided
june
title
xix
social
security
act
established
medicaid
program
provide
federal
financial
assistance
state
choose
reimburse
certain
costs
medical
treatment
needy
persons
since
versions
hyde
amendment
severely
limited
use
federal
funds
reimburse
cost
abortions
medicaid
program
actions
brought
federal
district
appellees
including
indigent
pregnant
women
sued
behalf
women
similarly
situated
new
york
city
health
hospitals
operates
hospitals
providing
abortion
services
officers
women
division
board
global
ministries
methodist
church
women
division
women
division
seeking
enjoin
enforcement
hyde
amendment
grounds
violates
inter
alia
due
process
clause
fifth
amendment
religion
clauses
first
amendment
despite
hyde
amendment
participating
state
remains
obligated
title
xix
fund
medically
necessary
abortions
ultimately
district
granting
injunctive
relief
held
hyde
amendment
substantively
amended
title
xix
relieve
state
obligation
fund
medically
necessary
abortions
federal
reimbursement
unavailable
amendment
violates
equal
protection
component
fifth
amendment
due
process
clause
free
exercise
clause
first
amendment
held
title
xix
require
participating
state
pay
medically
necessary
abortions
federal
reimbursement
unavailable
hyde
amendment
pp
cornerstone
medicaid
financial
contribution
federal
government
participating
state
nothing
title
xix
originally
enacted
legislative
history
suggests
congress
intended
require
participating
state
assume
full
costs
providing
health
services
medicaid
plan
contrary
congress
purpose
enacting
title
xix
provide
federal
financial
assistance
legitimate
state
expenditures
approved
medicaid
plan
pp
hyde
amendment
legislative
history
contain
indication
congress
intended
shift
entire
cost
medically
necessary
abortions
participating
rather
suggests
congress
always
assumed
participating
state
required
fund
abortions
federal
funding
withdrawn
pursuant
hyde
amendment
pp
funding
restrictions
hyde
amendment
impinge
liberty
protected
due
process
clause
fifth
amendment
held
roe
wade
include
freedom
woman
decide
whether
terminate
pregnancy
pp
hyde
amendment
places
governmental
obstacle
path
woman
chooses
terminate
pregnancy
rather
means
unequal
subsidization
abortion
medical
services
encourages
alternative
activity
deemed
public
interest
cf
maher
roe
regardless
whether
freedom
woman
choose
terminate
pregnancy
health
reasons
lies
core
periphery
due
process
liberty
recognized
wade
supra
follow
woman
freedom
choice
carries
constitutional
entitlement
financial
resources
avail
full
range
protected
choices
although
government
may
place
obstacles
path
woman
exercise
freedom
choice
need
remove
creation
indigency
falls
within
latter
category
although
congress
opted
subsidize
medically
necessary
services
generally
certain
medically
necessary
abortions
fact
remains
hyde
amendment
leaves
indigent
woman
least
range
choice
deciding
whether
obtain
medically
necessary
abortion
congress
chosen
subsidize
health
care
costs
pp
translate
limitation
governmental
power
implicit
due
process
clause
affirmative
funding
obligation
require
congress
subsidize
medically
necessary
abortion
indigent
woman
even
congress
enacted
medicaid
program
subsidize
medically
necessary
services
nothing
due
process
clause
supports
extraordinary
result
pp
hyde
amendment
violate
establishment
clause
first
amendment
fact
funding
restrictions
hyde
amendment
may
coincide
religious
tenets
roman
catholic
church
without
contravene
clause
pp
appellees
lack
standing
raise
challenge
hyde
amendment
free
exercise
clause
first
amendment
named
appellees
consisting
indigent
pregnant
women
suing
behalf
women
similarly
situated
lack
standing
none
alleged
much
less
proved
sought
abortion
compulsion
religious
belief
named
appellees
consisting
officers
women
division
although
provided
detailed
description
religious
beliefs
failed
allege
either
expect
pregnant
eligible
receive
medicaid
therefore
lacked
personal
stake
controversy
needed
confer
standing
raise
challenge
hyde
amendment
women
division
satisfy
standing
requirements
organization
assert
rights
membership
since
asserted
claim
one
required
participation
individual
members
proper
understanding
resolution
free
exercise
claims
pp
hyde
amendment
violate
equal
protection
component
due
process
clause
fifth
amendment
pp
presumption
constitutional
validity
statutory
classification
impinge
right
liberty
protected
constitution
disappears
classification
predicated
criteria
suspect
hyde
amendment
predicated
constitutionally
suspect
classification
maher
roe
supra
although
impact
amendment
falls
indigent
fact
render
funding
restrictions
constitutionally
invalid
poverty
standing
alone
suspect
classification
pp
congress
neither
invaded
substantive
constitutional
right
freedom
enacted
legislation
purposefully
operates
detriment
suspect
class
requirement
equal
protection
congressional
action
rationally
related
legitimate
governmental
interest
hyde
amendment
satisfies
standard
since
encouraging
childbirth
except
urgent
circumstances
rationally
related
legitimate
governmental
objective
protecting
potential
life
pp
stewart
delivered
opinion
burger
white
powell
rehnquist
joined
white
filed
concurring
opinion
post
brennan
filed
dissenting
opinion
marshall
blackmun
joined
post
marshall
post
blackmun
post
stevens
post
filed
dissenting
opinions
solicitor
general
mccree
argued
cause
appellant
briefs
assistant
attorney
general
daniel
eloise
davies
victor
rosenblum
dennis
horan
john
gorby
carl
anderson
patrick
trueman
lawrence
washburn
gerald
bodell
filed
briefs
buckley
et
appellees
rule
support
appellant
rhonda
copelon
argued
cause
appellees
mcrae
et
al
briefs
nancy
stearns
sylvia
law
ellen
sawyer
janet
benshoof
judith
levin
harriet
pilpel
eve
paul
briefs
amici
curiae
urging
reversal
filed
john
noonan
william
ball
representative
jim
wright
et
al
wilfred
caron
patrick
geary
catholic
conference
briefs
amici
curiae
urging
affirmance
filed
robert
abrams
attorney
general
shirley
adelson
siegel
solicitor
general
peter
bienstock
arnold
fleischer
barbara
levy
assistant
attorneys
general
state
new
york
et
joined
rufus
edmisten
attorney
general
north
carolina
william
special
deputy
attorney
general
steven
mansfield
shaber
associate
attorney
general
james
redden
attorney
general
oregon
leo
pfeffer
american
ethical
union
et
al
barbara
ellen
handschu
association
legal
aid
attorneys
city
new
york
district
et
al
phyllis
segal
judith
avner
national
organization
women
et
al
briefs
amici
curiae
filed
nadine
taub
health
systems
agency
et
al
james
kolb
coalition
human
justice
sanford
jay
rosen
national
council
churches
christ
sanford
jay
rosen
presbyterian
church
justice
stewart
delivered
opinion
case
presents
statutory
constitutional
questions
concerning
public
funding
abortions
title
xix
social
security
act
commonly
known
medicaid
act
recent
annual
appropriations
acts
containing
hyde
amendment
statutory
question
whether
title
xix
requires
state
participates
medicaid
program
fund
cost
medically
necessary
abortions
federal
reimbursement
unavailable
hyde
amendment
constitutional
question
arises
title
xix
imposes
requirement
whether
hyde
amendment
denying
public
funding
certain
medically
necessary
abortions
contravenes
liberty
equal
protection
guarantees
due
process
clause
fifth
amendment
either
religion
clauses
first
amendment
medicaid
program
created
congress
added
title
xix
social
security
act
stat
amended
et
seq
ed
supp
ii
purpose
providing
federal
financial
assistance
choose
reimburse
certain
costs
medical
treatment
needy
persons
although
participation
medicaid
program
entirely
optional
state
elects
participate
must
comply
requirements
title
xix
one
requirement
participating
state
agree
provide
financial
assistance
categorically
needy
respect
five
general
areas
medical
treatment
inpatient
hospital
services
outpatient
hospital
services
laboratory
services
skilled
nursing
facilities
services
periodic
screening
diagnosis
children
family
planning
services
services
physicians
although
participating
state
need
provide
funding
medical
treatment
falling
within
five
general
categories
title
xix
require
state
medicaid
pla
establish
reasonable
standards
determining
extent
medical
assistance
plan
consistent
objectives
title
xix
beal
doe
since
september
congress
prohibited
either
amendment
annual
appropriations
bill
department
health
education
welfare
joint
resolution
use
federal
funds
reimburse
cost
abortions
medicaid
program
except
certain
specified
circumstances
funding
restriction
commonly
known
hyde
amendment
original
congressional
sponsor
representative
hyde
current
version
hyde
amendment
applicable
fiscal
year
provides
one
funds
provided
joint
resolution
shall
used
perform
abortions
except
life
mother
endangered
fetus
carried
term
except
medical
procedures
necessary
victims
rape
incest
rape
incest
reported
promptly
law
enforcement
agency
public
health
service
pub
stat
september
day
congress
enacted
initial
version
hyde
amendment
consolidated
cases
filed
district
eastern
district
new
york
plaintiffs
cora
mcrae
new
york
medicaid
recipient
first
trimester
pregnancy
wished
terminate
new
york
city
health
hospitals
public
benefit
corporation
operates
hospitals
provide
abortion
services
others
sought
enjoin
enforcement
funding
restriction
abortions
alleged
hyde
amendment
violated
first
fourth
fifth
ninth
amendments
constitution
insofar
limited
funding
abortions
necessary
save
life
mother
permitting
funding
costs
associated
childbirth
although
sole
named
defendant
secretary
health
education
welfare
district
permitted
senators
james
buckley
jesse
helms
representative
henry
hyde
intervene
defendants
hearing
district
entered
preliminary
injunction
prohibiting
secretary
enforcing
hyde
amendment
requiring
continue
provide
federal
reimbursement
abortions
standards
applicable
funding
restriction
enacted
mcrae
mathews
supp
although
stating
expressly
held
funding
restriction
unconstitutional
since
preliminary
injunction
final
judgment
district
noted
holding
implicit
decision
granting
injunction
district
also
certified
mcrae
case
class
action
behalf
pregnant
potentially
pregnant
women
state
new
york
eligible
medicaid
decide
abortion
within
first
weeks
pregnancy
authorized
providers
abortion
services
women
secretary
brought
appeal
deciding
beal
doe
maher
roe
vacated
injunction
district
remanded
case
reconsideration
light
decisions
califano
mcrae
remand
district
permitted
intervention
several
additional
plaintiffs
including
four
individual
medicaid
recipients
wished
abortions
allegedly
medically
necessary
qualify
federal
funds
versions
hyde
amendment
applicable
fiscal
years
several
physicians
perform
abortions
medicaid
recipients
women
division
board
global
ministries
methodist
church
women
division
two
individual
officers
women
division
amended
complaint
filed
challenging
various
versions
hyde
amendment
several
grounds
outset
plaintiffs
asserted
district
need
address
constitutionality
hyde
amendment
view
participating
state
remains
obligated
title
xix
fund
medically
necessary
abortions
even
federal
reimbursement
unavailable
regard
constitutionality
hyde
amendment
plaintiffs
asserted
among
things
funding
restrictions
violate
religion
clauses
first
amendment
due
process
clause
fifth
amendment
lengthy
trial
inquired
medical
reasons
abortions
diverse
religious
views
subject
district
filed
opinion
entered
judgment
invalidating
versions
hyde
amendment
constitutional
grounds
district
rejected
plaintiffs
statutory
argument
concluding
even
though
title
xix
otherwise
required
participating
state
fund
medically
necessary
abortions
hyde
amendment
substantively
amended
title
xix
relieve
state
funding
obligation
turning
constitutional
issues
district
concluded
hyde
amendment
though
valid
establishment
clause
violates
equal
protection
component
fifth
amendment
due
process
clause
free
exercise
clause
first
amendment
regard
fifth
amendment
district
noted
abortion
medically
necessary
safeguard
pregnant
woman
health
disentitlement
edicaid
assistance
impinges
directly
woman
right
decide
consultation
physician
reliance
judgment
terminate
pregnancy
order
preserve
health
mcrae
califano
supp
concluded
hyde
amendment
violates
equal
protection
guarantee
view
decision
congress
fund
medically
necessary
services
generally
certain
medically
necessary
abortions
serves
legitimate
governmental
interest
free
exercise
clause
first
amendment
held
insofar
woman
decision
seek
medically
necessary
abortion
may
product
religious
beliefs
certain
protestant
jewish
tenets
funding
restrictions
hyde
amendment
violate
constitutional
guarantee
well
accordingly
district
ordered
secretary
ease
give
effect
various
versions
hyde
amendment
insofar
forbid
payments
medically
necessary
abortions
directed
secretary
ontinue
authorize
expenditure
federal
matching
funds
abortions
app
addition
recertified
mcrae
case
nationwide
class
action
behalf
pregnant
potentially
pregnant
women
eligible
medicaid
wish
medically
necessary
abortions
authorized
providers
abortions
women
secretary
applied
stay
judgment
pending
direct
appeal
district
decision
denied
stay
noted
probable
jurisdiction
appeal
ii
well
settled
case
may
decided
either
statutory
constitutional
grounds
sound
jurisprudential
reasons
inquire
first
statutory
question
practice
reflects
deeply
rooted
doctrine
pass
questions
constitutionality
unless
adjudication
unavoidable
spector
motor
service
mclaughlin
accordingly
turn
first
question
whether
title
xix
requires
state
participates
medicaid
program
continue
fund
medically
necessary
abortions
federal
reimbursement
unavailable
hyde
amendment
participating
state
obligation
constitutionality
hyde
amendment
need
drawn
question
present
case
availability
medically
necessary
abortions
medicaid
continue
participating
state
shouldering
total
cost
funding
abortions
appellees
assert
participating
state
independent
funding
obligation
title
xix
hyde
amendment
terms
limitation
federal
reimbursement
certain
medically
necessary
abortions
title
xix
permit
participating
state
exclude
medicaid
plan
medically
necessary
service
solely
basis
diagnosis
condition
even
federal
reimbursement
unavailable
service
thus
appellees
view
effect
hyde
amendment
withhold
federal
reimbursement
certain
medically
necessary
abortions
relieve
participating
state
duty
title
xix
provide
abortions
medicaid
plan
district
rejected
argument
concluded
although
title
xix
otherwise
required
participating
state
include
medically
necessary
abortions
medicaid
program
hyde
amendment
substantively
amended
title
xix
relieve
state
obligation
construction
hyde
amendment
said
find
support
decisions
two
courts
appeals
preterm
dukakis
zbaraz
quern
consistent
understanding
effect
hyde
amendment
department
health
education
welfare
administration
medicaid
program
agree
district
somewhat
different
reasons
medicaid
program
created
title
xix
cooperative
endeavor
federal
government
provides
financial
assistance
participating
aid
furnishing
health
care
needy
persons
system
cooperative
federalism
king
smith
state
agrees
establish
medicaid
plan
satisfies
requirements
title
xix
include
several
mandatory
categories
health
services
federal
government
agrees
pay
specified
percentage
total
amount
expended
medical
assistance
state
plan
cornerstone
medicaid
financial
contribution
federal
government
participating
state
nothing
title
xix
originally
enacted
legislative
history
suggests
congress
intended
require
participating
state
assume
full
costs
providing
health
services
medicaid
plan
quite
contrary
purpose
congress
enacting
title
xix
provide
federal
financial
assistance
legitimate
state
expenditures
approved
medicaid
plan
see
pt
pp
since
congress
enacted
title
xix
intend
participating
state
assume
unilateral
funding
obligation
health
service
approved
medicaid
plan
follows
title
xix
require
participating
state
include
plan
services
subsequent
congress
withheld
federal
funding
title
xix
designed
cooperative
program
shared
financial
responsibility
device
federal
government
compel
state
provide
services
congress
unwilling
fund
thus
congress
chooses
withdraw
federal
funding
particular
service
state
obliged
continue
pay
service
condition
continued
federal
financial
support
services
say
congress
may
depart
original
design
title
xix
federal
government
shares
financial
responsibility
expenses
incurred
approved
medicaid
plan
say
absent
indication
contrary
legislative
intent
subsequent
congress
title
xix
obligate
participating
state
pay
medical
services
federal
reimbursement
unavailable
thus
normal
operation
title
xix
even
state
otherwise
required
include
medically
necessary
abortions
medicaid
plan
withdrawal
federal
funding
hyde
amendment
operate
relieve
state
obligation
abortions
federal
reimbursement
unavailable
legislative
history
hyde
amendment
contains
indication
whatsoever
congress
intended
shift
entire
cost
services
participating
see
zbaraz
quern
supra
one
whether
supporting
opposing
hyde
amendment
ever
suggested
state
funding
required
rather
legislative
history
suggests
congress
always
assumed
participating
state
required
fund
medically
necessary
abortions
federal
funding
withdrawn
pursuant
hyde
amendment
see
preterm
dukakis
supra
universal
assumption
debate
amendment
passed
requirement
carry
service
accord
zbaraz
quern
supra
hodgson
board
county
roe
casey
accordingly
conclude
title
xix
require
participating
state
pay
medically
necessary
abortions
federal
reimbursement
unavailable
hyde
amendment
iii
determined
title
xix
obligate
participating
state
pay
medically
necessary
abortions
congress
withheld
federal
funding
must
consider
constitutional
validity
hyde
amendment
appellees
assert
funding
restrictions
hyde
amendment
violate
several
rights
secured
constitution
right
woman
implicit
due
process
clause
fifth
amendment
decide
whether
terminate
pregnancy
prohibition
establishment
clause
first
amendment
law
respecting
establishment
religion
right
freedom
religion
protected
free
exercise
clause
first
amendment
appellees
also
contend
quite
apart
substantive
constitutional
rights
hyde
amendment
violates
equal
protection
component
fifth
amendment
well
settled
quite
apart
guarantee
equal
protection
law
impinges
upon
fundamental
right
explicitly
implicitly
secured
constitution
presumptively
unconstitutional
mobile
bolden
plurality
opinion
accordingly
turning
equal
protection
issue
case
examine
whether
hyde
amendment
violates
substantive
rights
secured
constitution
address
first
appellees
argument
hyde
amendment
restricting
availability
certain
medically
necessary
abortions
medicaid
impinges
liberty
protected
due
process
clause
recognized
roe
wade
progeny
wade
case
held
unconstitutional
texas
statute
making
crime
procure
attempt
abortion
except
medical
advice
purpose
saving
mother
life
constitutional
underpinning
wade
recognition
liberty
protected
due
process
clause
fourteenth
amendment
includes
freedoms
explicitly
mentioned
bill
rights
also
freedom
personal
choice
certain
matters
marriage
family
life
implicit
constitutional
liberty
wade
held
includes
freedom
woman
decide
whether
terminate
pregnancy
wade
also
recognized
state
legitimate
interests
pregnancy
ensuring
health
mother
protecting
potential
human
life
state
interests
found
separate
distinct
gro
substantiality
woman
approaches
term
pose
conflict
woman
untrammeled
freedom
choice
resolving
conflict
held
end
first
trimester
pregnancy
neither
state
interest
sufficiently
substantial
justify
intrusion
woman
freedom
choice
second
trimester
state
interest
maternal
health
found
sufficiently
substantial
justify
regulation
reasonably
related
concern
viability
usually
third
trimester
state
interest
protecting
potential
life
fetus
found
justify
criminal
prohibition
abortions
except
necessary
preservation
life
health
mother
thus
inasmuch
texas
criminal
statute
allowed
abortions
necessary
save
life
mother
without
regard
stage
pregnancy
held
wade
statute
violated
due
process
clause
fourteenth
amendment
maher
roe
presented
question
whether
scope
personal
constitutional
freedom
recognized
roe
wade
included
entitlement
medicaid
payments
abortions
medically
necessary
issue
maher
connecticut
welfare
regulation
medicaid
recipients
received
payments
medical
services
incident
childbirth
medical
services
incident
nontherapeutic
abortions
district
held
regulation
violated
equal
protection
clause
fourteenth
amendment
unequal
subsidization
childbirth
abortion
impinged
fundamental
right
abortion
recognized
wade
progeny
view
district
misconceived
nature
scope
fundamental
right
recognized
roe
doctrine
roe
wade
held
maher
protects
woman
unduly
burdensome
interference
freedom
decide
whether
terminate
pregnancy
severe
criminal
sanctions
issue
roe
wade
supra
absolute
requirement
spousal
consent
abortion
challenged
planned
parenthood
central
missouri
danforth
constitutional
freedom
recognized
wade
progeny
maher
explained
prevent
connecticut
making
value
judgment
favoring
childbirth
abortion
implement
ing
judgment
allocation
public
funds
elaborated
connecticut
regulation
us
different
kind
laws
invalidated
previous
abortion
decisions
connecticut
regulation
places
obstacles
absolute
otherwise
pregnant
woman
path
abortion
indigent
woman
desires
abortion
suffers
disadvantage
consequence
connecticut
decision
fund
childbirth
continues
dependent
private
sources
service
desires
state
may
made
childbirth
attractive
alternative
thereby
influencing
woman
decision
imposed
restriction
access
abortions
already
indigency
may
make
difficult
cases
perhaps
impossible
women
abortions
neither
created
way
affected
connecticut
regulation
ibid
hyde
amendment
like
connecticut
welfare
regulation
issue
maher
places
governmental
obstacle
path
woman
chooses
terminate
pregnancy
rather
means
unequal
subsidization
abortion
medical
services
encourages
alternative
activity
deemed
public
interest
present
case
differ
factually
maher
insofar
case
involved
failure
fund
nontherapeutic
abortions
whereas
hyde
amendment
withholds
funding
certain
medically
necessary
abortions
accordingly
appellees
argue
hyde
amendment
affects
significant
interest
present
asserted
maher
interest
woman
protecting
health
pregnancy
interest
lies
core
personal
constitutional
freedom
recognized
wade
present
case
constitutionally
different
maher
appellees
view
extent
hyde
amendment
withholds
funding
certain
medically
necessary
abortions
clearly
impinges
constitutional
principle
recognized
wade
evident
woman
interest
protecting
health
important
theme
wade
concluding
freedom
woman
decide
whether
terminate
pregnancy
falls
within
personal
liberty
protected
due
process
clause
wade
emphasized
fact
woman
decision
carries
significant
personal
health
implications
physical
psychological
fact
although
wade
recognized
state
interest
protecting
potential
life
becomes
sufficiently
compelling
period
fetal
viability
justify
absolute
criminal
prohibition
nontherapeutic
abortions
held
even
fetal
viability
state
may
prohibit
abortions
necessary
preserve
life
health
mother
even
compelling
interest
state
protecting
potential
life
fetal
viability
held
insufficient
outweigh
woman
decision
protect
life
health
argued
freedom
woman
decide
whether
terminate
pregnancy
health
reasons
fact
lie
core
constitutional
liberty
identified
wade
regardless
whether
freedom
woman
choose
terminate
pregnancy
health
reasons
lies
core
periphery
due
process
liberty
recognized
wade
simply
follow
woman
freedom
choice
carries
constitutional
entitlement
financial
resources
avail
full
range
protected
choices
reason
explained
maher
although
government
may
place
obstacles
path
woman
exercise
freedom
choice
need
remove
creation
indigency
falls
latter
category
financial
constraints
restrict
indigent
woman
ability
enjoy
full
range
constitutionally
protected
freedom
choice
product
governmental
restrictions
access
abortions
rather
indigency
although
congress
opted
subsidize
medically
necessary
services
generally
certain
medically
necessary
abortions
fact
remains
hyde
amendment
leaves
indigent
woman
least
range
choice
deciding
whether
obtain
medically
necessary
abortion
congress
chosen
subsidize
health
care
costs
thus
persuaded
hyde
amendment
impinges
constitutionally
protected
freedom
choice
recognized
wade
although
liberty
protected
due
process
clause
affords
protection
unwarranted
government
interference
freedom
choice
context
certain
personal
decisions
confer
entitlement
funds
may
necessary
realize
advantages
freedom
hold
otherwise
mark
drastic
change
understanding
constitution
government
may
prohibit
use
contraceptives
griswold
connecticut
prevent
parents
sending
child
private
school
pierce
society
sisters
government
therefore
affirmative
constitutional
obligation
ensure
persons
financial
resources
obtain
contraceptives
send
children
private
schools
translate
limitation
governmental
power
implicit
due
process
clause
affirmative
funding
obligation
require
congress
subsidize
medically
necessary
abortion
indigent
woman
even
congress
enacted
medicaid
program
subsidize
medically
necessary
services
nothing
due
process
clause
supports
extraordinary
result
whether
freedom
choice
constitutionally
protected
warrants
federal
subsidization
question
congress
answer
matter
constitutional
entitlement
accordingly
conclude
hyde
amendment
impinge
due
process
liberty
recognized
wade
appellees
also
argue
hyde
amendment
contravenes
rights
secured
religion
clauses
first
amendment
appellees
view
hyde
amendment
violates
establishment
clause
incorporates
law
doctrines
roman
catholic
church
concerning
sinfulness
abortion
time
life
commences
moreover
insofar
woman
decision
seek
medically
necessary
abortion
may
product
religious
beliefs
certain
protestant
jewish
tenets
appellees
assert
funding
limitations
hyde
amendment
impinge
freedom
religion
guaranteed
free
exercise
clause
well
settled
legislative
enactment
contravene
establishment
clause
secular
legislative
purpose
principal
primary
effect
neither
advances
inhibits
religion
foster
excessive
governmental
entanglement
religion
committee
public
education
regan
applying
standard
district
properly
concluded
hyde
amendment
run
afoul
establishment
clause
although
neither
state
federal
government
constitutionally
pass
laws
aid
one
religion
aid
religions
prefer
one
religion
another
everson
board
education
follow
statute
violates
establishment
clause
happens
coincide
harmonize
tenets
religions
mcgowan
maryland
religions
oppose
stealing
mean
state
federal
government
may
consistent
establishment
clause
enact
laws
prohibiting
larceny
ibid
hyde
amendment
district
noted
much
reflection
traditionalist
values
towards
abortion
embodiment
views
particular
religion
see
also
roe
wade
sum
convinced
fact
funding
restrictions
hyde
amendment
may
coincide
religious
tenets
roman
catholic
church
without
contravene
establishment
clause
need
address
merits
appellees
arguments
concerning
free
exercise
clause
appellees
lack
standing
raise
free
exercise
challenge
hyde
amendment
named
appellees
fall
three
categories
indigent
pregnant
women
sued
behalf
women
similarly
situated
two
officers
women
division
women
division
named
appellees
first
category
lack
standing
challenge
hyde
amendment
free
exercise
grounds
none
alleged
much
less
proved
sought
abortion
compulsion
religious
belief
see
mcgowan
maryland
supra
although
named
appellees
second
category
provide
detailed
description
religious
beliefs
failed
allege
either
expect
pregnant
eligible
receive
medicaid
named
appellees
therefore
lack
personal
stake
controversy
needed
confer
standing
raise
challenge
hyde
amendment
see
warth
seldin
finally
although
women
division
alleged
membership
includes
pregnant
medicaid
eligible
women
matter
religious
practice
accordance
conscientious
beliefs
choose
precluded
discouraged
obtaining
abortions
reimbursed
medicaid
hyde
amendment
women
division
satisfy
standing
requirements
organization
assert
rights
membership
one
requirements
neither
claim
asserted
relief
requested
requires
participation
individual
members
lawsuit
hunt
washington
apple
advertising
since
necessary
free
exercise
case
one
show
coercive
effect
enactment
operates
practice
religion
abington
school
dist
schempp
claim
asserted
one
ordinarily
requires
individual
participation
present
case
women
division
concedes
permissibility
advisability
necessity
abortion
according
circumstance
matter
diversity
view
within
membership
determination
must
ultimately
absolutely
entrusted
conscience
individual
god
thus
clear
participation
individual
members
women
division
essential
proper
understanding
resolution
free
exercise
claims
accordingly
conclude
women
division
along
named
appellees
lack
standing
challenge
hyde
amendment
free
exercise
clause
remains
determined
whether
hyde
amendment
violates
equal
protection
component
fifth
amendment
challenge
premised
fact
although
federal
reimbursement
available
medicaid
medically
necessary
services
generally
hyde
amendment
permit
federal
reimbursement
medically
necessary
abortions
district
held
appellees
argue
selective
subsidization
violates
constitutional
guarantee
equal
protection
guarantee
equal
protection
fifth
amendment
source
substantive
rights
liberties
rather
right
free
invidious
discrimination
statutory
classifications
governmental
activity
well
settled
statutory
classification
impinge
right
liberty
protected
constitution
validity
classification
must
sustained
unless
classification
rests
grounds
wholly
irrelevant
achievement
legitimate
governmental
objective
mcgowan
maryland
presumption
constitutional
validity
however
disappears
statutory
classification
predicated
criteria
constitutional
sense
suspect
principal
example
classification
based
race
brown
board
education
reasons
stated
already
concluded
hyde
amendment
violates
constitutionally
protected
substantive
rights
conclude
well
predicated
constitutionally
suspect
classification
reaching
conclusion
draw
guidance
decision
maher
roe
whether
connecticut
welfare
regulation
providing
funds
childbirth
nontherapeutic
abortions
discriminated
suspect
class
maher
observed
indigent
woman
desiring
abortion
come
within
limited
category
disadvantaged
classes
recognized
cases
fact
impact
regulation
falls
upon
pay
lead
different
conclusion
sense
every
denial
welfare
indigent
creates
wealth
classification
compared
nonindigents
able
pay
desired
goods
services
never
held
financial
need
alone
identifies
suspect
class
purposes
equal
protection
analysis
citing
san
antonio
independent
school
dist
rodriguez
dandridge
williams
view
present
case
indistinguishable
maher
respect
maher
principal
impact
hyde
amendment
falls
indigent
fact
render
funding
restriction
constitutionally
invalid
held
repeatedly
poverty
standing
alone
suspect
classification
see
james
valtierra
maher
involved
refusal
fund
nontherapeutic
abortions
whereas
present
case
involves
refusal
fund
medically
necessary
abortions
bearing
factors
render
classification
suspect
within
meaning
constitutional
guarantee
equal
protection
remaining
question
whether
hyde
amendment
rationally
related
legitimate
governmental
objective
government
position
hyde
amendment
bears
rational
relationship
legitimate
interest
protecting
potential
life
fetus
agree
wade
recognized
state
important
legitimate
interest
protecting
potentiality
human
life
interest
found
exist
throughout
pregnancy
grow
ing
substantiality
woman
approaches
term
see
also
beal
doe
moreover
maher
held
connecticut
decision
fund
costs
associated
childbirth
associated
nontherapeutic
abortions
rational
means
advancing
legitimate
state
interest
protecting
potential
life
encouraging
childbirth
see
also
poelker
doe
follows
hyde
amendment
encouraging
childbirth
except
urgent
circumstances
rationally
related
legitimate
governmental
objective
protecting
potential
life
subsidizing
medical
expenses
indigent
women
carry
pregnancies
term
subsidizing
comparable
expenses
women
undergo
abortions
except
whose
lives
threatened
congress
established
incentives
make
childbirth
attractive
alternative
abortion
persons
eligible
medicaid
incentives
bear
direct
relationship
legitimate
congressional
interest
protecting
potential
life
irrational
congress
authorized
federal
reimbursement
medically
necessary
services
generally
certain
medically
necessary
abortions
abortion
inherently
different
medical
procedures
procedure
involves
purposeful
termination
potential
life
conducting
extensive
evidentiary
hearing
issues
surrounding
public
funding
abortions
district
concluded
interests
federal
government
fetus
preserving
sufficient
weighed
balance
woman
threatened
health
justify
withdrawing
medical
assistance
unless
woman
consents
carry
fetus
term
making
independent
appraisal
competing
interests
involved
district
went
beyond
judicial
function
decisions
entrusted
constitution
congress
courts
role
courts
ensure
congressional
decisions
comport
constitution
congress
neither
invaded
substantive
constitutional
right
freedom
enacted
legislation
purposefully
operates
detriment
suspect
class
requirement
equal
protection
congressional
action
rationally
related
legitimate
governmental
interest
hyde
amendment
satisfies
standard
mission
decide
whether
balance
competing
interests
reflected
hyde
amendment
wise
social
policy
mission
every
justice
subscribed
judgment
today
done
name
constitution
overturn
duly
enacted
statutes
simply
may
unwise
improvident
harmony
particular
school
thought
williamson
lee
optical
quoted
dandridge
williams
rather
issue
involves
policy
choices
sensitive
implicated
appropriate
forum
resolution
democracy
legislature
maher
roe
supra
iv
reasons
stated
opinion
hold
state
participates
medicaid
program
obligated
title
xix
continue
fund
medically
necessary
abortions
federal
reimbursement
unavailable
hyde
amendment
hold
funding
restrictions
hyde
amendment
violate
neither
fifth
amendment
establishment
clause
first
amendment
also
view
appellees
lack
standing
raise
challenge
hyde
amendment
free
exercise
clause
first
amendment
accordingly
judgment
district
reversed
case
remanded
proceedings
consistent
opinion
ordered
footnotes
department
health
education
welfare
recently
reorganized
divided
department
health
human
services
department
education
original
designation
retained
purposes
opinion
appropriations
hew
october
november
first
two
months
fiscal
year
provided
joint
resolutions
continued
effect
version
hyde
amendment
applicable
fiscal
year
pub
stat
pub
stat
opinion
term
hyde
amendment
used
generically
refer
three
versions
hyde
amendment
except
indicated
otherwise
although
appellees
secretary
direct
appeal
see
rule
term
appellees
used
opinion
refer
parties
plaintiffs
district
trial
conducted
august
september
produced
record
containing
documentary
film
exhibits
transcript
exceeding
pages
mcrae
califano
supp
district
found
establishment
clause
infirmity
view
hyde
amendment
secular
legislative
purpose
principal
effect
neither
advances
inhibits
religion
foster
excessive
governmental
entanglement
religion
district
also
apparently
concluded
hyde
amendment
operates
disadvantage
suspect
class
namely
teenage
women
desiring
medically
necessary
abortions
see
infra
although
original
class
included
pregnant
women
first
two
trimesters
pregnancy
recertified
class
included
pregnant
women
regardless
stage
pregnancy
appellees
argue
interpretation
title
xix
finds
support
beal
doe
considered
question
whether
title
xix
permits
participating
state
exclude
abortions
medicaid
plan
although
concluding
title
xix
preclude
state
refusal
fund
unnecessary
though
perhaps
desirable
medical
services
observed
serious
statutory
questions
might
presented
state
medicaid
plan
excluded
necessary
medical
treatment
coverage
emphasis
original
beal
however
address
possible
effect
hyde
amendment
upon
operation
title
xix
preterm
dukakis
opinion
judge
coffin
noted
medicaid
program
one
federal
state
cooperation
funding
medical
assistance
complete
withdrawal
federal
prop
system
intent
drop
total
cost
providing
service
upon
runs
directly
counter
basic
structure
program
seriously
cripple
state
attempts
provide
necessary
medical
services
embraced
plan
omitted
subsequent
congresses
deviated
original
structure
title
xix
obligating
participating
state
assume
full
costs
service
prerequisite
continued
federal
funding
services
always
expressed
intent
unambiguous
terms
see
zbaraz
quern
since
title
xix
provides
variations
required
coverage
state
medicaid
plans
depending
changes
availability
federal
reimbursement
need
inquire
district
whether
hyde
amendment
substantive
amendment
title
xix
present
case
thus
different
tva
hill
issue
whether
continued
appropriations
tellico
dam
impliedly
repealed
substantive
requirements
endangered
species
act
prohibiting
continued
construction
dam
threatened
natural
habitat
endangered
species
conclusion
congress
enacted
title
xix
intend
participating
state
assume
unilateral
funding
obligation
health
service
approved
medicaid
plan
corroborated
fact
subsequent
congresses
simply
assumed
withdrawal
federal
funding
hyde
amendment
certain
medically
necessary
abortions
relieve
participating
state
obligation
provide
services
medicaid
plan
see
cases
cited
text
supra
participating
state
free
chooses
include
medicaid
plan
medically
necessary
abortions
federal
reimbursement
unavailable
see
beal
doe
preterm
dukakis
supra
hold
state
need
include
abortions
medicaid
plan
appellees
also
argue
hyde
amendment
unconstitutionally
vague
insofar
physicians
unable
understand
implement
exceptions
hyde
amendment
abortions
reimbursable
conclusion
however
hyde
amendment
void
vagueness
sanction
provision
medicaid
act
contains
clear
scienter
requirement
errors
penalized
see
colautti
franklin
event
exceptions
hyde
amendment
set
terms
ordinary
person
exercising
ordinary
common
sense
sufficiently
understand
comply
without
sacrifice
public
interest
broadrick
oklahoma
wade
observed
previous
decisions
recognized
liberty
protected
due
process
clause
extension
activities
relating
marriage
loving
virginia
procreation
skinner
oklahoma
contraception
eisenstadt
baird
white
concurring
result
family
relationships
prince
massachusetts
child
rearing
education
pierce
society
sisters
meyer
nebraska
appellees
argue
hyde
amendment
unconstitutional
penalizes
exercise
woman
choice
terminate
pregnancy
abortion
see
memorial
hospital
maricopa
county
shapiro
thompson
argument
falls
short
mark
maher
found
semantic
difference
argument
connecticut
refusal
subsidize
nontherapeutic
abortions
unduly
interfere
exercise
constitutional
liberty
recognized
wade
argument
penalized
exercise
liberty
regardless
claim
characterized
maher
rejected
argument
connecticut
refusal
subsidize
protected
conduct
without
impinged
constitutional
freedom
choice
reasoning
equally
applicable
present
case
substantial
constitutional
question
arise
congress
attempted
withhold
medicaid
benefits
otherwise
eligible
candidate
simply
candidate
exercised
constitutionally
protected
freedom
terminate
pregnancy
abortion
analogous
sherbert
verner
held
state
may
consistent
first
fourteenth
amendments
withhold
unemployment
compensation
benefits
claimant
otherwise
eligible
benefits
fact
unwilling
work
one
day
per
week
sabbath
hyde
amendment
unlike
statute
issue
sherbert
provide
broad
disqualification
receipt
public
benefits
rather
hyde
amendment
like
connecticut
welfare
provision
issue
maher
represents
simply
refusal
subsidize
certain
protected
conduct
refusal
fund
protected
activity
without
equated
imposition
penalty
activity
maher
observed
constitution
imposes
obligation
government
pay
medical
expenses
indigent
women
indeed
pay
medical
expenses
indigents
since
constitutional
entitlement
physician
administers
medical
care
indigent
woman
broader
patient
see
whalen
roe
also
reject
appellees
claim
funding
restrictions
hyde
amendment
violate
due
process
rights
physician
advises
medicaid
recipient
obtain
medically
necessary
abortion
remaining
named
appellees
including
individual
physicians
new
york
city
health
hospitals
attack
hyde
amendment
basis
free
exercise
clause
first
amendment
named
appellees
sued
behalf
class
women
religious
nonreligious
persuasions
beliefs
accordance
teaching
religion
dictates
conscience
determined
abortion
necessary
since
conclude
named
appellees
established
standing
sue
hey
represent
class
part
bailey
patterson
see
also
littleton
example
board
education
allen
found
free
exercise
violation
since
plaintiffs
contended
statute
question
way
coerce
individuals
practice
religion
emphasis
added
exception
statement
found
reynolds
sims
progeny
although
constitution
confer
right
vote
state
elections
see
minor
happersett
wall
reynolds
held
state
adopts
electoral
system
equal
protection
clause
fourteenth
amendment
confers
upon
qualified
voter
substantive
right
participate
electoral
process
equally
qualified
voters
see
dunn
blumstein
although
matter
free
doubt
district
seems
concluded
teenage
women
desiring
medically
necessary
abortions
constitute
suspect
class
purposes
triggering
heightened
level
equal
protection
scrutiny
regard
district
observed
hyde
amendment
clearly
operate
disadvantage
one
suspect
class
disadvantage
statutory
class
adolescents
high
risk
pregnancy
particularly
seventeen
statutory
class
district
referring
derived
adolescent
health
services
pregnancy
prevention
care
act
et
seq
supp
ii
apparently
view
district
since
statistics
indicate
women
years
age
disproportionately
represented
among
abortion
medically
necessary
hyde
amendment
invidiously
discriminates
teenage
women
hyde
amendment
facially
neutral
age
restricting
funding
abortions
women
ages
district
erred
therefore
relying
solely
disparate
impact
hyde
amendment
concluding
discriminated
basis
age
equal
protection
component
fifth
amendment
prohibits
purposeful
discrimination
washington
davis
facially
neutral
federal
statute
challenged
equal
protection
grounds
incumbent
upon
challenger
prove
congress
selected
reaffirmed
particular
course
action
least
part
merely
spite
adverse
effects
upon
identifiable
group
personnel
administrator
mass
feeney
evidence
support
finding
intent
present
case
address
constitutionality
restrictive
version
hyde
amendment
namely
applicable
fiscal
year
federal
funds
unavailable
abortions
except
life
mother
endangered
fetus
carried
term
three
versions
hyde
amendment
issue
case
restrictive
version
constitutionally
valid
others
fact
abortion
medically
necessary
service
federal
funds
medicaid
sometimes
unavailable
otherwise
eligible
claimants
see
inpatient
hospital
care
patients
institutions
tuberculosis
mental
disease
covered
title
xix
justice
white
concurring
join
opinion
judgment
additional
remarks
roe
wade
held
prior
viability
fetus
governmental
interest
potential
life
insufficient
justify
overriding
due
process
right
pregnant
woman
terminate
pregnancy
abortion
last
trimester
however
state
interest
fetal
life
deemed
sufficiently
strong
warrant
ban
abortions
continuing
pregnancy
threaten
life
health
mother
latter
event
state
required
respect
choice
mother
terminate
pregnancy
protect
health
drawing
upon
roe
wade
cases
followed
justice
stevens
dissent
extrapolates
general
proposition
governmental
interest
potential
life
may
event
pursued
expense
mother
health
notes
hyde
amendment
medicaid
refuses
fund
abortions
carrying
term
threatens
maternal
health
finances
medically
indicated
procedures
including
childbirth
dissent
submits
hyde
amendment
therefore
fails
first
requirement
imposed
fifth
amendment
recognized
opinion
today
challenged
official
action
must
serve
legitimate
governmental
goal
ante
argument
certain
internal
logic
legally
sound
constitutional
right
recognized
roe
wade
right
choose
undergo
abortion
without
coercive
interference
government
points
roe
wade
purport
adjudicate
right
abortions
funded
government
free
unreasonable
official
interference
private
choice
appropriate
stage
pregnancy
example
abortions
prohibited
implement
governmental
interest
potential
life
case
damage
health
mother
whose
choice
suffer
abortion
rather
risk
health
government
forced
respect
roe
wade
thus
dealt
circumstances
governmental
interest
potential
life
justify
official
interference
abortion
choices
pregnant
women
calculus
involved
government
seek
interfere
impose
coercive
restraint
choice
woman
abortion
woman
choice
remains
unfettered
government
attempting
use
interest
life
justify
coercive
restraint
hence
disbursing
medicaid
funds
free
implement
rationally
roe
wade
recognized
legitimate
interest
potential
life
covering
medical
costs
childbirth
denying
funds
abortions
neither
roe
wade
cases
decided
wake
invalidates
legislative
preference
decided
much
maher
roe
rejected
claims
refusing
funds
nontherapeutic
abortions
defraying
medical
costs
childbirth
although
outright
prohibition
nevertheless
infringed
fundamental
right
choose
terminate
pregnancy
abortion
also
violated
equal
protection
component
fifth
amendment
abandon
maher
extend
roe
wade
forbid
legislative
policy
expressed
hyde
amendment
maher
successfully
distinguished
ground
involved
nontherapeutic
abortions
government
free
place
outside
ambit
medicaid
program
ground
maher
proceeded
maher
held
government
need
fund
elective
abortions
withholding
funds
rationally
furthered
state
legitimate
interest
normal
childbirth
sustained
policy
even
though
roe
wade
government
interest
fetal
life
inadequate
justification
coercive
interference
pregnant
woman
right
choose
abortion
whether
procedure
medically
indicated
already
held
therefore
interest
balancing
involved
roe
wade
controlling
resolving
present
constitutional
issue
accordingly
satisfied
straightforward
analysis
followed
justice
stewart
opinion
sound
justice
brennan
justice
marshall
justice
blackmun
join
dissenting
agree
entirely
brother
stevens
state
interest
protecting
potential
life
fetus
justify
exclusion
financially
medically
needy
women
benefits
otherwise
entitled
solely
treatment
doctor
concluded
medically
necessary
involves
abortion
see
post
write
separately
express
continuing
disagreement
mischaracterization
nature
fundamental
right
recognized
roe
wade
misconception
manner
right
infringed
federal
state
legislation
withdrawing
funding
medically
necessary
abortions
roe
wade
held
constitutional
right
personal
privacy
encompasses
woman
decision
whether
terminate
pregnancy
roe
progeny
established
pregnant
woman
right
free
state
interference
choice
abortion
right
least
prior
end
first
trimester
absolutely
prohibits
governmental
regulation
highly
personal
decision
proposition
cases
stand
thus
state
affirmative
obligation
ensure
access
abortions
may
desire
state
must
refrain
wielding
enormous
power
influence
manner
might
burden
pregnant
woman
freedom
choose
whether
abortion
hyde
amendment
denial
public
funds
medically
necessary
abortions
plainly
intrudes
upon
constitutionally
protected
decision
design
effect
serves
coerce
indigent
pregnant
women
bear
children
otherwise
elect
viewed
context
medicaid
program
appended
obvious
hyde
amendment
nothing
less
attempt
congress
circumvent
dictates
constitution
achieve
indirectly
roe
wade
said
directly
title
xix
social
security
act
federal
government
reimburses
participating
virtually
medically
necessary
services
provides
categorically
needy
sole
limitation
significance
hyde
amendment
prohibition
use
federal
funds
pay
costs
abortions
except
life
mother
endangered
fetus
carried
term
brother
stevens
persuasively
demonstrates
exclusion
medically
necessary
abortions
medicaid
coverage
justified
device
rather
hyde
amendment
transparent
attempt
legislative
branch
impose
political
majority
judgment
morally
acceptable
socially
desirable
preference
sensitive
intimate
decision
constitution
entrusts
individual
worse
yet
hyde
amendment
foist
majoritarian
viewpoint
equal
measure
upon
everyone
nation
rich
poor
alike
rather
imposes
viewpoint
upon
segment
society
position
political
powerlessness
least
able
defend
privacy
rights
encroachments
morality
instant
legislation
thus
calls
exacting
judicial
review
cases
elected
leaders
cower
public
pressure
ever
must
shirk
duty
enforce
constitution
benefit
poor
powerless
beal
doe
marshall
dissenting
though
may
mission
decide
whether
balance
competing
interests
reflected
hyde
amendment
wise
social
policy
ante
assuredly
responsibility
vindicate
pregnant
woman
constitutional
right
decide
whether
bear
children
free
governmental
intrusion
moreover
clear
hyde
amendment
designed
inhibit
fact
inhibit
woman
freedom
choose
abortion
childbirth
pregnancy
unquestionably
condition
requiring
medical
services
treatment
condition
may
involve
medical
procedures
termination
medical
procedures
bring
pregnancy
term
resulting
live
birth
bortion
childbirth
stripped
sensitive
moral
arguments
surrounding
abortion
controversy
simply
two
alternative
medical
methods
dealing
pregnancy
beal
doe
supra
brennan
dissenting
quoting
roe
norton
supp
every
pregnancy
one
two
courses
treatment
medically
necessary
woman
depends
medicaid
act
pay
expenses
associated
procedure
hyde
amendment
government
fund
procedures
incidental
childbirth
thus
injecting
coercive
financial
incentives
favoring
childbirth
decision
constitutionally
guaranteed
free
governmental
intrusion
hyde
amendment
deprives
indigent
woman
freedom
choose
abortion
maternity
thereby
impinging
due
process
liberty
right
recognized
roe
wade
contrary
conclusion
premised
belief
financial
constraints
restrict
indigent
woman
ability
enjoy
full
range
constitutionally
protected
freedom
choice
product
governmental
restrictions
access
abortions
rather
indigency
ante
accurate
statement
may
reveals
half
picture
fails
appreciate
simply
woman
indigency
interferes
freedom
choice
combination
poverty
government
unequal
subsidization
abortion
childbirth
poor
woman
early
stages
pregnancy
confronts
two
alternatives
may
elect
either
carry
fetus
term
abortion
abstract
course
choice
alone
rightly
observes
hyde
amendment
places
governmental
obstacle
path
woman
chooses
terminate
pregnancy
ante
reality
situation
hyde
amendment
effectively
removed
choice
indigent
woman
hands
funding
expenses
associated
childbirth
none
expenses
incurred
terminating
pregnancy
government
literally
makes
offer
indigent
woman
afford
refuse
matters
instance
government
used
carrot
rather
stick
critical
realization
practical
matter
many
woman
choose
carry
pregnancy
term
simply
government
provides
funds
associated
medical
services
even
though
women
chosen
abortion
government
also
paid
option
indeed
government
stayed
picture
altogether
defrayed
costs
neither
procedure
fundamental
flaw
due
process
analysis
failure
acknowledge
discriminatory
distribution
benefits
governmental
largesse
discourage
exercise
fundamental
liberties
effectively
outright
denial
rights
criminal
regulatory
sanctions
implicit
reasoning
notion
long
government
obligated
provide
citizens
certain
benefits
privileges
may
condition
grant
benefits
recipient
relinquishment
constitutional
rights
belabor
obvious
expound
great
length
illegitimacy
state
policy
interferes
exercise
fundamental
rights
selective
bestowal
governmental
favors
suffices
note
heretofore
never
hesitated
invalidate
scheme
granting
withholding
financial
benefits
incidentally
intentionally
burdens
one
manner
exercising
constitutionally
protected
choice
take
one
example
many
sherbert
verner
involved
south
carolina
unemployment
insurance
statute
required
recipients
accept
suitable
employment
offered
even
grounds
refusal
stemmed
religious
convictions
even
though
recipients
possessed
entitlement
compensation
held
state
cancel
benefits
adventist
refused
job
requiring
work
saturdays
explanation
particularly
instructive
present
case
apparent
appellant
declared
ineligibility
benefits
derives
solely
practice
religion
pressure
upon
forego
practice
unmistakable
ruling
forces
choose
following
precepts
religion
forfeiting
benefits
one
hand
abandoning
one
precepts
religion
order
accept
work
hand
governmental
imposition
choice
puts
kind
burden
upon
free
exercise
religion
fine
imposed
appellant
saturday
worship
may
south
carolina
construction
statute
saved
constitutional
infirmity
ground
unemployment
compensation
benefits
appellant
right
merely
privilege
late
day
doubt
liberties
religion
expression
may
infringed
denial
placing
conditions
upon
benefit
privilege
condition
availability
benefits
upon
appellant
willingness
violate
cardinal
principle
religious
faith
effectively
penalizes
free
exercise
constitutional
liberties
medicaid
program
distinguished
statutory
schemes
unconstitutionally
burdened
fundamental
rights
sherbert
government
withholds
financial
benefits
manner
discourages
exercise
due
process
liberty
indigent
woman
chooses
assert
constitutional
right
abortion
pain
sacrificing
benefits
otherwise
entitled
years
ago
justice
sutherland
writing
frost
frost
trucking
railroad
supra
made
following
observation
true
palpable
incongruity
strike
act
state
legislation
words
express
divestment
seeks
strip
citizen
rights
guaranteed
federal
constitution
uphold
act
result
accomplished
guise
surrender
right
exchange
valuable
privilege
state
threatens
otherwise
withhold
necessary
challenge
proposition
general
rule
state
power
deny
privilege
altogether
may
grant
upon
conditions
sees
fit
impose
power
state
respect
unlimited
one
limitations
may
impose
conditions
require
relinquishment
constitutional
rights
state
may
compel
surrender
one
constitutional
right
condition
favor
may
like
manner
compel
surrender
inconceivable
guaranties
embedded
constitution
may
thus
manipulated
existence
opinion
applies
also
williams
et
al
zbaraz
et
miller
acting
director
illinois
department
public
aid
et
al
zbaraz
et
zbaraz
et
post
see
maher
roe
brennan
dissenting
doe
bolton
planned
parenthood
central
missouri
danforth
singleton
wulff
bellotti
baird
cf
carey
population
services
international
first
trimester
state
promoting
interest
mother
health
may
regulate
abortion
procedure
ways
reasonably
related
end
even
point
viability
reached
state
regulation
furtherance
interest
potentiality
human
life
may
go
far
proscribe
abortions
necessary
preserve
life
health
mother
see
roe
wade
focus
throughout
opinion
upon
coercive
impact
congressional
decision
fund
one
outcome
pregnancy
childbirth
funding
abortion
believe
alone
renders
hyde
amendment
unconstitutional
dwell
upon
disparities
amendment
produces
treatment
rich
poor
pregnant
nonpregnant
concur
completely
however
brother
stevens
discussion
disparities
specifically
agree
congressional
decision
fund
medically
necessary
procedures
except
require
abortion
entirely
irrational
either
means
allocating
resources
otherwise
serving
legitimate
social
welfare
goals
irrationality
turn
exposes
amendment
really
deliberate
effort
discourage
exercise
constitutionally
protected
right
important
put
congressional
decision
human
terms
nonpregnant
women
may
reimbursed
medically
necessary
treatments
pregnant
women
analogous
ailments
however
reimbursed
treatment
involved
happen
include
abortion
since
refusal
fund
significant
number
cases
force
patient
forgo
medical
assistance
result
refuse
treatment
genuine
maladies
need
treated
treated
expensive
treat
relate
deliberate
choice
abort
pregnancy
merely
treating
practical
matter
require
termination
pregnancy
even
one
view
legislative
hostility
abortions
justify
decision
fund
obstetrics
child
delivery
services
refusing
fund
nontherapeutic
abortions
present
statutory
scheme
saved
hostility
gone
good
deal
farther
consequence
leave
indigent
sick
women
without
treatment
simply
medical
fortuity
illness
treated
unless
pregnancy
terminated
antipathy
abortion
short
permitted
ride
roughshod
woman
constitutional
right
terminate
pregnancy
fashion
chooses
also
distort
nation
programs
means
delivering
health
services
hyde
amendment
completely
irrational
means
preventing
abortions
concededly
rational
brutally
latter
goal
constitutionally
forbidden
cf
singleton
wulff
supra
doctor
afford
work
nothing
woman
afford
pay
state
refusal
fund
abortion
effective
interdiction
ever
necessary
rather
summarily
rejects
argument
hyde
amendment
unconstitutionally
penalizes
woman
exercise
right
choose
abortion
comment
refusal
fund
protected
activity
without
equated
imposition
penalty
activity
ante
begin
overlooks
fact
simple
refusal
fund
protected
activity
case
instead
program
selectively
funds
one
two
choices
constitutionally
protected
decision
thereby
penalizing
election
disfavored
option
moreover
answer
assert
penalty
imposed
state
refusing
pay
specific
costs
protected
activity
rather
withholding
medicaid
benefits
recipient
entitled
taking
action
readily
characterized
punitive
surely
government
provide
free
transportation
polling
booths
citizens
vote
democratic
candidates
even
though
failure
provide
benefit
republicans
represents
simply
refusal
subsidize
certain
protected
conduct
involve
denial
governmental
benefits
whether
state
withholds
special
costs
disfavored
option
penalizes
individual
broadly
manner
exercises
choice
interfere
constitutionally
protected
decision
coercive
use
governmental
largesse
justice
marshall
dissenting
three
years
ago
maher
roe
upheld
state
program
excluded
nontherapeutic
abortions
welfare
program
generally
subsidized
medical
expenses
incidental
pregnancy
childbirth
time
expressed
fear
decisions
invitation
public
officials
already
extraordinary
pressure
carefully
orchestrated
lobbying
campaigns
approve
restrictions
governmental
funding
abortion
dissenting
maher
roe
supra
beal
doe
poelker
doe
fear
proved
justified
hyde
amendment
federal
funding
denied
abortions
medically
necessary
necessary
avert
severe
permanent
damage
health
mother
opinion
studiously
avoids
recognizing
undeniable
fact
women
eligible
medicaid
poor
women
denial
abortion
equivalent
denial
legal
abortion
altogether
definition
women
money
pay
abortion
abortion
medically
necessary
funded
abortion
unavailable
must
resort
butchers
attempt
induce
abortion
crude
dangerous
methods
suffer
serious
medical
consequences
attempting
carry
fetus
term
legal
abortion
realistic
option
women
predictable
result
hyde
amendment
significant
increase
number
poor
women
die
suffer
significant
health
damage
inability
procure
necessary
medical
services
legislation
us
product
effort
deny
poor
constitutional
right
recognized
roe
wade
even
though
cost
may
serious
health
damage
brother
stevens
demonstrated
see
post
dissenting
opinion
premise
underlying
hyde
amendment
repudiated
roe
wade
made
clear
state
interest
protecting
fetal
life
justify
jeopardizing
life
health
mother
denial
medicaid
benefits
individuals
meet
statutory
criteria
eligibility
solely
treatment
medically
necessary
involves
exercise
fundamental
right
chose
abortion
form
discrimination
repugnant
equal
protection
laws
guaranteed
constitution
decision
today
marks
retreat
roe
wade
represents
cruel
blow
powerless
members
society
dissent
present
form
hyde
amendment
restricts
federal
funding
abortion
cases
life
mother
endangered
fetus
carried
term
medical
procedures
necessary
victims
rape
incest
rape
incest
reported
promptly
law
enforcement
agency
public
health
service
see
ante
federal
funding
thus
unavailable
even
severe
health
damage
mother
virtual
certainty
federal
funds
available
severe
health
damage
even
death
result
fetus
carried
term
record
developed
reveals
standards
set
forth
hyde
amendment
exclude
majority
cases
medical
profession
recommend
abortion
medically
necessary
indeed
adopted
standard
restrictive
medically
necessary
test
medicaid
act
number
funded
abortions
decreased
app
impact
hyde
amendment
indigent
women
falls
four
major
categories
first
hyde
amendment
prohibits
federal
funding
abortions
necessary
order
protect
health
sometimes
life
mother
numerous
conditions
cancer
rheumatic
fever
diabetes
malnutrition
phlebitis
sickle
cell
anemia
heart
disease
substantially
increase
risks
associated
pregnancy
aggravated
pregnancy
conditions
may
make
abortion
medically
necessary
judgment
physician
funded
hyde
amendment
health
risks
undergoing
abortion
increase
dramatically
pregnancy
becomes
advanced
time
pregnancy
progressed
point
physician
able
certify
endangers
life
mother
many
cases
late
prevent
death
abortion
longer
safe
also
instances
woman
life
immediately
threatened
carrying
pregnancy
term
aggravation
another
medical
condition
significantly
shorten
life
expectancy
cases
well
fundable
hyde
amendment
second
federal
funding
denied
cases
severe
mental
disturbances
created
unwanted
pregnancies
result
psychological
disturbances
may
suicide
attempts
child
abuse
hyde
amendment
makes
provision
funding
cases
third
hyde
amendment
denies
funding
majority
women
whose
pregnancies
caused
rape
incest
prerequisite
report
within
days
serves
exclude
afraid
recounting
happened
fear
unsympathetic
treatment
authorities
requirement
course
especially
burdensome
indigent
may
least
likely
aware
rapid
report
authorities
indispensable
order
able
obtain
abortion
finally
federal
funding
unavailable
cases
known
fetus
unable
survive
number
situations
possible
determine
advance
fetus
suffer
early
death
carried
term
hyde
amendment
purportedly
designed
safeguard
legitimate
governmental
objective
protecting
potential
life
ante
excludes
federal
funding
cases
optimistic
estimate
indicates
many
excess
deaths
may
occur
year
result
hyde
amendment
record
contains
estimate
health
damage
may
occur
poor
women
shows
considerable
ii
resolves
equal
protection
issue
case
relentlessly
formalistic
catechism
adhering
approach
equal
protection
first
decides
strict
scrutiny
required
hyde
amendment
violate
due
process
clause
predicated
constitutionally
suspect
classification
therefore
validity
classification
must
sustained
unless
classification
rests
grounds
wholly
irrelevant
achievement
legitimate
governmental
objective
ante
bracketed
material
original
quoting
mcgowan
maryland
observing
previous
cases
recognized
legitimate
governmental
objective
protecting
potential
life
ante
concludes
hyde
amendment
establishe
incentives
make
childbirth
attractive
alternative
abortion
persons
eligible
medicaid
therefore
rationally
related
governmental
interest
continue
believe
rigid
approach
inappropriate
constitution
requires
exacting
standard
review
mere
rationality
cases
one
judgment
hyde
amendment
pass
constitutional
muster
even
standard
review
case
perhaps
dramatic
illustration
date
deficiencies
obsolete
approach
equal
protection
clause
see
san
antonio
independent
school
dist
rodriguez
marshall
dissenting
massachusetts
bd
retirement
murgia
marshall
dissenting
maher
roe
marshall
dissenting
vance
bradley
marshall
dissenting
deference
unable
understand
afford
level
scrutiny
legislation
involved
whose
cruel
impact
falls
exclusively
indigent
pregnant
women
given
legislation
distinguishing
opticians
ophthalmologists
legislation
makes
distinctions
economic
interests
able
protect
political
process
see
ante
citing
williamson
lee
optical
heightened
scrutiny
legislative
classifications
always
designed
protect
groups
saddled
disabilities
subjected
history
purposeful
unequal
treatment
relegated
position
political
powerlessness
command
extraordinary
protection
majoritarian
political
process
san
antonio
independent
school
dist
rodriguez
supra
clear
traditional
strict
scrutiny
unavailable
protect
poor
classifications
disfavor
dandridge
williams
believe
legislation
imposes
crushing
burden
indigent
women
treated
deference
given
legislation
distinguishing
among
business
interests
hyde
amendment
course
distinguishes
medically
necessary
abortions
medically
necessary
expenses
explained
maher
roe
supra
classifications
must
assessed
weighing
importance
governmental
benefits
denied
character
class
asserted
state
interests
quoting
massachusetts
bd
retirement
murgia
supra
approach
hyde
amendment
clearly
invalid
maher
governmental
benefits
issue
absolutely
vital
importance
lives
recipients
maher
roe
supra
marshall
dissenting
indigent
woman
denied
governmental
funding
medically
necessary
abortion
confronted
two
grotesque
choices
first
may
seek
obtain
illegal
abortion
poses
serious
threat
health
even
life
alternatively
may
attempt
bear
child
course
may
significantly
threaten
health
eliminate
chance
might
control
direction
life
class
burdened
hyde
amendment
consists
indigent
women
substantial
proportion
members
minority
races
observed
maher
nonwhite
women
obtain
abortions
nearly
double
rate
whites
ibid
view
fact
burden
hyde
amendment
falls
exclusively
financially
destitute
women
suggests
special
condition
tends
seriously
curtail
operation
political
processes
ordinarily
relied
upon
protect
minorities
may
call
correspondingly
searching
judicial
inquiry
carolene
products
reason
continue
believe
showing
state
action
devastating
impact
lives
minority
racial
groups
must
relevant
purposes
equal
protection
analysis
jefferson
hackney
marshall
dissenting
explained
maher
asserted
state
interest
protecting
potential
life
insufficient
outweigh
deprivation
serious
discouragement
vital
constitutional
right
especial
importance
poor
minority
women
maher
found
permissible
state
interest
encouraging
normal
childbirth
governmental
interest
present
case
substantially
weaker
maher
hyde
amendment
funding
refused
even
cases
normal
childbirth
result
one
scarcely
speak
normal
childbirth
cases
fetus
die
shortly
birth
mother
life
shortened
health
otherwise
gravely
impaired
birth
nevertheless
hyde
amendment
denies
funding
even
cases
circumstances
unable
see
even
minimally
rational
legislature
conclude
interest
fetal
life
outweighs
brutal
effect
hyde
amendment
indigent
women
moreover
legislation
maher
hyde
amendment
designed
deprive
poor
minority
women
constitutional
right
choose
abortion
purpose
constitutionally
permitted
roe
wade
although
abandon
dichotomy
equal
protection
analysis
means
necessary
reject
traditional
approach
conclude
hyde
amendment
denial
equal
protection
brother
brennan
demonstrated
amendment
unconstitutional
impermissibly
infringes
upon
individual
constitutional
right
decide
whether
terminate
pregnancy
see
ante
dissenting
opinion
brother
stevens
demonstrates
see
post
dissenting
opinion
government
interest
protecting
fetal
life
legitimate
one
conflict
preservation
life
health
mother
roe
wade
government
effort
make
serious
health
damage
mother
attractive
alternative
abortion
ante
rationally
promote
governmental
interest
encouraging
normal
childbirth
treats
case
though
controlled
maher
contrary
case
mirror
image
maher
result
maher
turned
fact
legislation
consideration
discouraged
medically
unnecessary
abortions
view
denial
medicaid
funding
nontherapeutic
abortions
denial
equal
protection
medicaid
funds
available
medically
necessary
procedures
thus
plaintiffs
seeking
benefits
available
others
similarly
situated
continue
believe
maher
wrongly
decided
apparent
plaintiffs
maher
seeking
benefit
available
others
similarly
situated
appellees
protesting
exclusion
benefit
available
others
similarly
situated
need
hardly
said
crucial
difference
equal
protection
purposes
title
xix
hyde
amendment
funding
available
essentially
necessary
medical
treatment
poor
appellees
met
statutory
requirements
eligibility
excluded
treatment
medically
necessary
involves
exercise
fundamental
right
right
choose
abortion
short
appellees
deprived
governmental
benefit
otherwise
eligible
solely
attempted
exercise
constitutional
right
interest
asserted
government
protection
fetal
life
declared
constitutionally
subordinate
appellees
interest
preserving
lives
health
obtaining
medically
necessary
treatment
roe
wade
supra
finally
purpose
legislation
discourage
exercise
fundamental
right
circumstances
hyde
amendment
must
invalidated
meet
even
standard
review
iii
consequences
today
opinion
consequences
seems
oblivious
difficult
predict
pregnant
women
denied
funding
necessary
procure
abortions
restricted
two
alternatives
first
carry
fetus
term
even
though
route
may
result
severe
injury
death
mother
fetus
course
appears
intolerable
resort
abortions
attempt
obtain
illegal
abortions
bearing
child
inconvenient
necessary
order
protect
health
result
protect
describes
legitimate
governmental
objective
protecting
potential
life
ante
ensure
destruction
fetal
maternal
life
another
world
existence
either
chooses
ignore
fears
recognize
beal
doe
blackmun
dissenting
view
blinding
world
reach
result
announces
today
ultimately
result
reached
today
may
traced
unwillingness
apply
constraints
constitution
decisions
involving
expenditure
governmental
funds
today
decision
maher
roe
suggests
withholding
funding
imposes
real
obstacle
woman
deciding
whether
exercise
constitutionally
protected
procreative
choice
even
though
government
prepared
fund
medically
necessary
expenses
including
expenses
childbirth
perceives
result
simply
distinction
limitation
governmental
power
affirmative
funding
obligation
ante
poor
person
attempting
exercise
right
freedom
choice
difference
imperceptible
brother
brennan
shown
see
ante
dissenting
opinion
differential
distribution
incentives
concedes
present
see
ante
precisely
effect
outright
prohibition
sufficient
answer
roe
wade
say
appropriate
forum
resolution
sensitive
policy
choices
legislature
see
ante
quoting
maher
roe
years
ago
justice
jackson
observed
task
translating
majestic
generalities
bill
rights
concrete
restraints
officials
dealing
problems
twentieth
century
one
disturb
west
virginia
state
bd
education
barnette
constitutional
principles
observed
grew
soil
also
produced
philosophy
individual
liberty
attainable
mere
absence
governmental
restraints
ibid
principles
must
transplant
ed
soil
concept
principle
withered
least
economic
affairs
social
advancements
increasingly
sought
closer
integration
society
expanded
strengthened
governmental
controls
case
federal
government
taken
upon
burden
financing
practically
medically
necessary
expenditures
one
category
medically
necessary
expenditure
singled
exclusion
sole
basis
exclusion
premise
repudiated
purposes
constitutional
law
roe
wade
consequence
devastating
impact
lives
health
poor
women
believe
constitution
committed
equal
protection
laws
tolerate
result
dissent
opinion
applies
also
williams
et
al
zbaraz
et
miller
acting
director
illinois
department
public
aid
et
al
zbaraz
et
zbaraz
et
post
see
app
example
number
serious
complications
deriving
abortions
estimated
times
number
deaths
abortions
see
number
individual
justices
expressed
discomfort
approach
pleased
observe
hold
law
may
waning
see
craig
boren
powell
concurring
stevens
concurring
post
stevens
dissenting
adopted
intermediate
level
scrutiny
variety
classifications
see
trimble
gordon
illegitimacy
craig
boren
supra
sex
discrimination
foley
connelie
alienage
cf
university
california
regents
bakke
opinion
brennan
white
marshall
blackmun
jj
affirmative
action
reason
occasion
suggested
classifications
discriminating
poor
subject
special
scrutiny
fifth
fourteenth
amendments
see
mcdonald
board
election
harper
virginia
bd
elections
brother
stevens
suggests
see
post
dissenting
opinion
denial
funding
medically
necessary
services
excluded
medicaid
program
based
desire
conserve
federal
funds
desire
penalize
suffer
excluded
disabilities
practical
effect
approach
context
dissimilar
taken
craig
boren
supra
referred
intermediate
standard
review
requiring
classifications
must
serve
important
governmental
objectives
must
substantially
related
achievement
objectives
course
poor
women
attempt
raise
funds
necessary
obtain
lawful
abortion
recently
found
fortunate
enough
resort
paying
rent
utility
bills
pawning
household
goods
diverting
food
clothing
money
journeying
another
state
obtain
lower
rates
fraudulently
use
relative
insurance
policy
ome
patients
driven
theft
women
health
services
maher
supp
justice
blackmun
dissenting
join
dissent
justice
brennan
agree
wholeheartedly
justice
stevens
respective
observations
descriptions
latest
round
abortion
cases
need
add
find
said
dissent
beal
doe
two
companion
cases
maher
roe
poelker
doe
continues
equally
pertinent
equally
applicable
hyde
amendment
cases
condescension
holding
may
go
elsewhere
abortion
disingenuous
alarming
government
punitively
impresses
upon
needy
minority
concepts
socially
desirable
publicly
acceptable
morally
sound
financial
argument
course
specious
truly
another
world
existence
suspect
either
chooses
ignore
fears
recognize
cancer
poverty
continue
grow
lot
poorest
among
us
still
bettered
opinion
applies
also
williams
et
al
zbaraz
et
miller
acting
director
illinois
department
public
aid
et
al
zbaraz
et
zbaraz
et
post
justice
stevens
dissenting
federal
sovereign
like
must
govern
impartially
concept
equal
justice
law
served
fifth
amendment
guarantee
due
process
well
equal
protection
clause
fourteenth
amendment
hampton
mow
sun
wong
sovereign
provides
special
benefit
special
protection
class
persons
must
define
membership
class
neutral
criteria
may
make
special
exceptions
reasons
constitutionally
insufficient
fundamentally
different
question
decided
maher
roe
unlike
plaintiffs
plaintiffs
maher
satisfy
neutral
criterion
medical
need
sought
subsidy
nontherapeutic
abortions
medical
procedures
definition
need
rejecting
claim
held
constitutional
right
choose
procedure
impose
duty
state
subsidize
exercise
right
fact
state
undertaken
pay
necessary
medical
care
associated
childbirth
require
state
also
pay
abortions
necessary
necessary
medical
procedures
satisfied
neutral
statutory
criteria
nontherapeutic
abortions
simply
outside
ambit
medical
benefits
program
thus
maher
plaintiffs
desire
exercise
constitutional
right
gave
rise
neither
special
access
special
exclusion
pool
benefits
created
title
xix
cases
involve
special
exclusion
women
definition
confronted
choice
two
serious
harms
serious
health
damage
one
hand
abortion
competing
interests
interest
maternal
health
interest
protecting
potential
human
life
part
law
pregnant
woman
decision
conflicting
interests
shall
prevail
entitled
constitutional
protection
roe
wade
doe
bolton
recognized
legitimate
protectible
interest
potential
human
life
explicitly
held
prior
fetal
viability
interest
may
justify
governmental
burden
woman
choice
abortion
even
regulation
abortion
except
furtherance
state
interest
woman
health
effect
held
woman
freedom
elect
abortion
prior
viability
absolute
constitutional
protection
subject
valid
health
regulations
indeed
roe
wade
held
even
fetal
viability
state
may
regulate
even
proscribe
abortion
except
necessary
appropriate
medical
judgment
preservation
life
health
mother
emphasis
added
duty
respect
holding
simply
shirks
duty
case
woman
constitutional
right
place
higher
value
avoiding
either
serious
harm
health
perhaps
abnormal
childbirth
protecting
potential
life
exercise
right
provide
basis
denial
benefit
otherwise
entitled
sterile
equal
protection
analysis
evades
critical
though
simple
point
focuses
exclusively
legitimate
interest
protecting
potential
life
fetus
ante
concludes
since
hyde
amendments
interest
exclusion
create
rational
therefore
constitutional
misleading
speak
government
legitimate
interest
fetus
without
reference
context
interest
held
legitimate
roe
wade
squarely
held
may
protect
interest
conflict
interest
pregnant
woman
health
exists
thus
perfectly
clear
neither
federal
government
may
exclude
woman
medical
benefits
otherwise
entitled
solely
interest
potential
life
physician
appropriate
medical
judgment
certifies
abortion
necessary
preservation
life
health
mother
roe
wade
supra
totally
fails
explain
reasoning
dispositive
denied
harm
inflicted
upon
women
excluded
class
grievous
comparison
differing
forms
hyde
amendment
enacted
since
demonstrates
expressly
approves
exclusion
benefits
instances
severe
physical
health
damage
mother
predictable
consequence
carrying
pregnancy
term
indeed
solicitor
general
acknowledged
commendable
candor
logic
position
justify
holding
constitutional
deny
funding
medically
financially
needy
person
even
abortion
lifesaving
medical
procedure
available
denial
benefits
medically
necessary
abortions
inevitably
causes
serious
harm
excluded
women
tantamount
severe
punishment
judgment
denial
justified
unless
government
may
effect
punish
women
want
abortions
unequivocally
held
roe
wade
government
may
argued
exclusion
type
medically
necessary
treatment
indigent
justified
fiscal
grounds
especially
costly
forms
treatment
may
reasonably
excluded
program
order
preserve
assets
pool
extend
benefits
maximum
number
needy
persons
fiscal
considerations
may
compel
certain
difficult
choices
order
improve
protection
afforded
entire
benefited
class
ironically
exclusion
medically
necessary
abortions
harms
entire
class
well
specific
victims
records
mcrae
zbaraz
demonstrate
cost
abortion
small
fraction
costs
associated
childbirth
thus
decision
tolerate
harm
indigent
persons
need
abortion
order
avoid
serious
health
damage
one
financed
draining
money
pool
used
fund
necessary
medical
procedures
unlike
invidious
classifications
discrimination
harms
direct
victims
also
remainder
class
needy
persons
pool
designed
benefit
maher
stated
constitution
imposes
obligation
pay
medical
expenses
indigent
women
indeed
pay
medical
expenses
indigents
state
decides
alleviate
hardships
poverty
providing
medical
care
manner
dispenses
benefits
subject
constitutional
limitations
omitted
respectfully
dissent
opinion
applies
also
williams
et
al
zbaraz
et
miller
acting
director
illinois
department
public
aid
et
al
zbaraz
et
zbaraz
et
post
roe
wade
held
woman
right
decide
whether
abort
pregnancy
entitled
constitutional
protection
decision
part
law
planned
parenthood
central
missouri
danforth
stevens
concurring
part
dissenting
part
roe
wade
involved
texas
statutes
making
crime
procure
abortion
except
attempted
save
pregnant
woman
life
doe
bolton
involved
somewhat
less
onerous
georgia
statutes
making
abortion
crime
circumstances
exceptions
abortions
save
pregnant
woman
life
permanent
health
endangerment
cases
likely
irremediable
birth
defect
child
cases
pregnancy
result
rape
exceptions
subject
burdensome
prior
medical
approvals
held
unconstitutional
subsequent
cases
invalidated
burdens
pregnant
woman
free
choice
abort
see
planned
parenthood
central
missouri
danforth
supra
consent
required
husband
unmarried
woman
parent
bellotti
baird
consent
required
either
parent
superior
judge
unmarried
woman
rests
heavily
premise
recognized
roe
maher
state
legitimate
interest
preserving
potential
life
provides
sufficient
justification
funding
medical
services
necessarily
associated
normal
childbirth
without
also
funding
abortions
medically
necessary
maher
opinion
repeatedly
referred
policy
favoring
normal
childbirth
see
case
involves
refusal
fund
abortions
medically
necessary
avoid
abnormal
childbirth
cases
thus
illustrate
flaw
method
equal
protection
analysis
one
chooses
among
alternative
levels
scrutiny
determines
whether
extent
particular
legislative
measure
furthers
given
governmental
objective
transcends
predetermined
threshold
see
craig
boren
stevens
concurring
method
may
simply
bypass
real
issue
relevant
question
cases
whether
must
attach
greater
weight
individual
interest
included
class
governmental
interest
keeping
individual
since
roe
wade
squarely
held
individual
interest
freedom
elect
abortion
state
interest
protecting
maternal
health
outweigh
state
interest
protecting
potential
life
prior
viability
equal
protection
analysis
doubly
erroneous
responding
analysis
case
justice
white
described
constitutional
right
recognized
roe
wade
right
choose
undergo
abortion
without
coercive
interference
government
right
free
unreasonable
official
interference
private
choice
ante
language
found
roe
opinion
rather
case
squarely
held
state
interference
unreasonable
attaches
greater
importance
interest
potential
life
interest
protecting
mother
health
one
equal
justification
describe
right
protected
first
amendment
right
make
speeches
without
coercive
interference
government
sustain
government
subsidy
medically
needy
persons
except
publicly
advocate
change
administration
record
replete
examples
serious
physical
harm
see
judge
dooling
opinion
mcrae
califano
supp
women
particularly
young
women
suffering
diabetes
likely
experience
high
risks
health
damage
fetuses
woman
may
become
blind
worsening
pregnancy
diabetic
retinopathy
case
particularly
juvenile
diabetic
eliot
testified
evidence
series
pregnancies
advances
diabetes
faster
given
aggravated
diabetic
condition
risks
increased
pregnancy
kidney
problems
vascular
problems
extremities
see
also
affidavit
jane
doe
years
old
married
four
living
children
following
birth
third
child
november
developed
serious
case
phlebitis
completely
recovered
carrying
another
pregnancy
term
greatly
aggravate
condition
increase
risk
blood
clots
lung
july
went
fertility
control
clinic
hospital
paul
minnesota
request
abortion
informed
new
law
prohibits
federal
reimbursement
abortions
except
necessary
save
life
mother
afford
operation
free
afford
pay
abortion
without
medicaid
reimbursement
obtain
safe
legal
abortion
according
doctor
jane
hodgson
without
abortion
might
suffer
serious
permanent
health
problems
app
pp
see
case
jane
doe
nos
recounted
zbaraz
affidavit
jane
doe
years
old
nine
previous
pregnancies
history
varicose
veins
thrombophlebitis
blood
clots
left
leg
varicose
veins
case
caused
multiple
pregnancies
weight
uterus
pelvic
veins
increased
blood
pressure
veins
lower
extremities
veins
dilated
circulation
impaired
resulting
thrombophlebitis
left
leg
varicosities
lower
extremities
became
severe
required
partial
surgical
removal
given
medical
history
jane
doe
varicose
veins
almost
certain
recur
continues
pregnancy
recurrence
require
second
operative
procedure
removal
given
medical
history
also
risk
thrombophlebitis
recur
pregnancy
form
deep
vein
thrombophlebitis
surface
veins
left
leg
previously
partially
removed
condition
impair
circulation
might
require
prolonged
hospitalization
bed
rest
considering
jane
doe
medical
history
varicose
veins
thrombophlebitis
particularly
background
age
multiple
pregnancies
view
abortion
medically
necessary
though
necessary
preserve
life
app
nos
question
mr
solicitor
general
make
rational
basis
argument
hyde
amendment
contain
exception
endangering
life
mother
death
rather
adverse
impact
health
involved
mccree
think
tr
oral
arg
respect
cases
entirely
different
maher
repeatedly
noted
refusal
subsidize
nontherapeutic
abortions
merely
result
normal
childbirth
surely
government
may
properly
presume
harm
ensue
normal
childbirth
rationale
may
satisfactorily
explain
exclusions
medicaid
program
noted
ante
events
safe
assume
exclusions
conserve
assets
pool
zbaraz
case
judge
grady
found
average
cost
state
illinois
abortion
less
compared
cost
childbirth
exceeded
app
juris
statement
indeed
based
estimated
cost
providing
support
children
indigent
parents
together
estimate
number
medically
necessary
abortions
funded
hyde
amendment
appellees
zbaraz
case
contend
state
illinois
alone
effect
hyde
amendment
impose
cost
per
year
public
fisc
brief
appellees
nos
see
also
judge
dooling
conclusion
debate
hyde
amendment
years
rider
departmental
appropriations
bill
quickly
established
restriction
abortion
funding
economy
measure
recognized
abortion
performed
medicaid
eligible
woman
medicaid
costs
childbearing
nurture
greatly
exceed
cost
abortion
opponents
funding
restriction
equally
pains
however
make
clear
favor
funding
abortion
means
reducing
government
social
welfare
costs
conclusion
hyde
amendments
violate
federal
government
duty
impartiality
applies
equally
illinois
statute
issue
zbaraz