Cora McRAE, Individually and on behalf of all others similarly situated, et al., Plaintiffs,
v.
F. David MATHEWS, Secretary, United States Department of Health, Education and Welfare, Defendant.
NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, Plaintiff,
v.
F. David MATHEWS, Secretary, Department of Health, Education and Welfare, Defendant.
United States District Court, E. D. New York.https://leagle.com/images/logo.png
October 22, 1976.
Stay Denied November 8, 1976.
Attorney(s) appearing for the Case
Harriet F. Pilpel, Frederic S. Nathan, Lawrence Vogel, and Eve W. Paul, New York City (Greenbaum, Wolff & Ernst, New York City, of counsel), for plaintiff Planned Parenthood.
Sylvia A. Law, Rhonda Copelon, and Nancy Stearns, New York City (Center for Constitutional Rights); Jill Laurie Goodman, Brooklyn, N. Y., Ellen Leitzer, Decatur, Ga., Judith Meurs and Nadine Taub, Newark, N. J. (American Civil Liberties Union), for plaintiffs McRae and Teran, individually and on behalf of others similarly situated.
Ellen K. Sawyer, Brooklyn, N. Y., and James G. Greilsheimer, New York City (W. Bernard Richland, Corp. Counsel, New York City, of counsel), for the New York City Health and Hospitals Corp.
Lewis F. Tesser, New York City (David G. Trager, U. S. Atty., Brooklyn, N. Y., of counsel), for the Secretary.
Janet Benshoof, New York City, for National Medical Assn., The National Assn. of Social Workers, The American Public Health Assn., National Organization for Women, Legal Defense Fund, Planned Parenthood Federation of America, Inc., and Assn. of Planned Parenthood Physicians, as amici curiae.
Claire Biunno, New York City, for American Ethical Union, American Humanist Association, Americans United for Separation of Church and State, Board of Church and Society — United Methodist Church, Catholics for a Free Choice, Church of the Brethren, National Federation of Temple Sisterhoods, National Ministries — American Baptist Churches in the United States of America, National Women's Conference of the American Ethical Union, Office for Church in Society — United Church of Christ, Union of American Hebrew Congregations, Unitarian Universalist Women's Federation, The Young Women's Christian Association, United Presbyterian Church in the U. S. A.
Leonard F. Manning, New York City (Gerald E. Bodell, and Bodell & Magovern, New York City, of counsel), for James F. Buckley, Jesse A. Helms and Henry J. Hyde, on the petition to intervene.
A. Lawrence Washburn, Jr. (Bodell & Magovern, New York City, of counsel), for Isabelle M. Pernicone, on the Petition for appointment as guardian ad litem for unborn children as a class affected by the outcome of the suit.
United States District Court, E. D. New York.
Stay Denied November 8, 1976. See 97 S.Ct. 347.
MEMORANDUM AND ORDER
DOOLING, District Judge.
By these actions plaintiffs seek to invalidate Section 209 of Public Law 94-439, the Departments of Labor and Health, Education, and Welfare Appropriation Act, 1977; that section became law on September 30, 1976. It provides that:
None of the funds contained in this Act shall be used to perform abortions except when the life of the mother would...
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