PLANNED PARENTHOOD ASS'N v. DEPT. OF HUMAN RES.

CA A20856.

663 P.2d 1247 (1983)

63 Or.App. 41

PLANNED PARENTHOOD ASSOCIATION, INC., et al., Petitioners, v. DEPARTMENT OF HUMAN RESOURCES OF THE STATE OF OREGON, Respondent.

Court of Appeals of Oregon.

Decided May 11, 1983.

Reconsideration Denied July 15, 1983.


Attorney(s) appearing for the Case

Ruth Gundle, Oregon Legal Services Corp., Portland, and Steven S. Walters, American Civil Liberties Union, Portland, argued the cause for petitioners. With them on the briefs were Donna Meyer, Nancy Helget, Albany, Ira Zarov, Andrew R. Gardner, Mary Klepser, Pamela L. Jacklin and Susan P. Graber, Portland.

William F. Gary, Sol. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., James E. Mountain, Jr., Deputy Sol. Gen., and Virginia L. Linder, Asst. Atty. Gen., Salem.

Before BUTTLER, P.J., and WARDEN and WARREN, JJ.


BUTTLER, Presiding Judge.

Petitioners, individuals and public interest organizations,1 bring this proceeding pursuant to ORS 183.4002 to invalidate an administrative rule promulgated by the Department of Human Resources, Adult and Family Services Division (AFSD), that provides state medical assistance for certain "elective" abortions.

The administrative rule, OAR 461-14-052, provides:

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