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ROE v. FERGUSON

No. 74-2195.

515 F.2d 279 (1975)

Rachel ROE et al., Plaintiffs-Appellees, v. Joseph T. FERGUSON, Individually and in his capacity as Auditor of the State of Ohio, and Charles W. Bates, Individually and in his capacity as Director of the Ohio Department of Public Welfare, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

April 28, 1975.

Attorney(s) appearing for the Case

William J. Brown, Atty. Gen. of Ohio, Columbus, Ohio, Thomas V. Martin, Asst. Atty. Gen., for defendants-appellants.

Linda K. Champlin, Robert Newman, Clyde Ellis, American Civil Liberties Union of Ohio Foundation Inc., Robert L. Mullinax, Ohio State Legal Services, Columbus, Ohio, for plaintiffs-appellees.

Before PECK and MILLER, Circuit Judges, and HERMANSDORFER, District Judge.

WILLIAM E. MILLER, Circuit Judge.

The district court held the Ohio statutory provision (Ohio Rev.Code, Sec. 5101.55(C)) and administrative rulings thereunder, prohibiting the use of state or local funds to pay for an abortion unless the abortion was necessary to preserve the life or physical or mental health of the pregnant woman, to be in conflict with the federal Social Security Act. 42 U.S.C. § 1396a. Enforcement ...

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