(DOWNLOAD) "Roe v. Casey" by Third Circuit United States Court Of Appeals * Book PDF Kindle ePub Free
eBook details
- Title: Roe v. Casey
- Author : Third Circuit United States Court Of Appeals
- Release Date : January 18, 1980
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
Opinion OF THE COURT This appeal calls upon us once again to deal with the difficult and controversial subject of abortion.1 We are asked to decide whether two Pennsylvania statutes2 contravene the requirements of Title XIX of the Social Security Act3 the federal Medicaid law inasmuch as the Pennsylvania enactments restrict state funding of ""medically necessary"" abortions. In addition, we must determine whether Congress, in enacting the so-called ""Hyde Amendments"" to several recent federal appropriations bills,4 effected substantive changes in the Medicaid law. We conclude that the Hyde Amendment modifies Title XIX and thereby reduces the states', and hence Pennsylvania's, substantive obligations, but we find the Pennsylvania statutes to be at variance with even this lesser standard. As a reviewing court, we deem it inappropriate to redraft the Pennsylvania statutes so as to make them comply with federal law. Accordingly, having reached the same conclusion as the district court, albeit by a somewhat different approach, we affirm the district court's order which enjoined the operation of Pennsylvania Public Laws 16A and 148 in their entireties.5