RIGHT TO CHOOSE: E.M., P.B., A.C., D.T., E.R., ON BEHALF OF E., A MINOR, AND D.C. ON BEHALF OF K., A MINOR, ALL ON BEHALF OF THEMSELVES AND ALL OTHERS SIMILARLY SITUATED; EDWARD S. MILNER, JR., M.D.; NEW JERSEY WELFARE RIGHTS ORGANIZATION, AND NEW JERSEY RELIGIOUS COALITION FOR ABORTION RIGHTS, PLAINTIFFS-RESPONDENTS AND CROSS-APPELLANTS,
v.
BRENDAN T. BYRNE, GOVERNOR, STATE OF NEW JERSEY; JOHN J. DEGNAN, ATTORNEY GENERAL, STATE OF NEW JERSEY; ANN KLEIN, COMMISSIONER, DEPARTMENT OF HUMAN SERVICES, STATE OF NEW JERSEY; G. THOMAS RITI, DIRECTOR, DIVISION OF HUMAN SERVICES, STATE OF NEW JERSEY; THOMAS M. RUSSO, ACTING DIRECTOR, DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES, DEPARTMENT OF HUMAN SERVICES, STATE OF NEW JERSEY, AND JOANNE E. FINLEY, COMMISSIONER, DEPARTMENT OF HEALTH, STATE OF NEW JERSEY, DEFENDANTS-APPELLANTS AND CROSS-RESPONDENTS, AND JOHN T. SCULLY, M.D., F.A.C.S., AS GUARDIAN ON BEHALF OF THOSE CONCEIVED BUT UNBORN HEREIN AND ON BEHALF OF OTHERS SIMILARLY SITUATED; DOMINIC A. INTROCASO, M.D., F.A.C.O.G.; ANTHONY P. DESPIRITO, M.D., F.A.A.P.; THE NEW JERSEY RIGHT TO LIFE COMMITTEE; THE STUDENT AD HOC COMMITTEE AGAINST THE WAR IN VIETNAM, AND NEW JERSEY CONCERNED TAXPAYERS, AN ASSOCIATION, INTERVENORS-RESPONDENTS.
The Supreme Court of New Jersey.https://leagle.com/images/logo.png
Argued May 3, 1982.
Decided August 18, 1982.
Attorney(s) appearing for the Case
Michael R. Cole, Assistant Attorney General, argued the cause for appellants and cross-respondents (Irwin I. Kimmelman, Attorney General of New Jersey, attorney; Stephen Skillman, former Assistant Attorney General, and Michael R. Cole, of counsel; Andrea M. Silkowitz, Deputy Attorney General, on the briefs).
Nadine Taub and Louis Raveson argued the cause for respondents and cross-appellants (Nadine Taub and Louis Raveson, attorneys; Nadine Taub, Louis Raveson, Joan Vermeulen and Claudia Davidson, on the briefs).
Stephen J. Foley argued the cause for intervenors-respondents (Campbell, Foley, Lee, Murphy & Cernigliaro, attorneys).
Pamela Kaufelt submitted a brief on behalf of amici curiae Planned Parenthood Federation of America, Inc.; Association of Planned Parenthood Physicians, Inc.; Conference of New Jersey Planned Parenthood Affiliates, Inc. and Certain Physicians and Family Planning Nurse Practitioners (Pamela Kaufelt, attorney; Eve W. Paul and Dara Klassel, members of the New York bar, of counsel).
Randall W. Westreich submitted a brief on behalf of amici curiae New Jersey Coalition for Battered Women, New Jersey Committee for Abortion Rights and Against Sterilization Abuse (CARASA); Women's Equity Action League (WEAL) and Women's Resource and Survival Center.
Nancy Goldhill submitted a brief on behalf of amici curiae National Association of Social Workers, Inc., New Jersey Chapter; National Association of Social Workers; National Conference of Black Lawyers; Women's Affirmative Action Committee of the New Jersey State Industrial Union Council AFL-CIO; Hispanic Political Action Committee of New Jersey; Peoples Independent Coalition; Northern New Jersey Chapter of the Coalition of Labor Union Women and New Jersey Chapter of the National Lawyers Guild.
Morton Stavis submitted a brief on behalf of amici curiae American Humanist Association; Interreligious Foundation for Community Organization; Union of American Hebrew Congregations; Unitarian Universalist Association; Unitarian Universalist Women's Federation and Women's Division, General Board of Global Ministries of the United Methodist Church (Morton Stavis, attorney; Rhonda Copelon, a member of the New York bar, of counsel).
Gloria B. Cherry on behalf of amicus curiae League of Women Voters of New Jersey joined in the brief submitted on behalf of amici curiae National Association of Social Workers, et al.
The Supreme Court of New Jersey.
The opinion of the Court was delivered by POLLOCK, J.
This appeal presents the question of the validity under the New Jersey Constitution of a statute that prohibits Medicaid funding for abortions "except where it is medically indicated to be necessary to preserve the woman's life." N.J.S.A. 30:4D-6.1 (1981). Medicaid pays for the costs of all childbirths and abortions to save the life of the mother but, because of the statutory prohibition, does not pay for...
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