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DOE v. KENLEY

No. 78-1330.

584 F.2d 1362 (1978)

Janet DOE, Appellant, v. James B. KENLEY, M.D., Commissioner, State Board of Health, Individually and in his official capacity, Kenneth M. Haggerty, D.D.S., President, State Board of Health, Individually and in his official capacity, Fletcher J. Wright, Jr., M.D., Individually and in his official capacity, John H. Vanhoy, O.D., Individually and in his official capacity, William R. Hill, M.D., Individually and in his official capacity, A. Gibson Howell, Individually and in his official capacity, J. Curtis Nottingham, Individually and in his official capacity, Clarence W. Taylor, Jr., M.D., Individually and in his official capacity, Brig. Gen. James M. Morgan, Jr., Individually and in his official capacity, Fostine G. Riddick, RN, MA, Individually and in her official capacity, Virginia State Board of Health, John N. Dalton, Governor of Virginia, official and Individual capacity, Vincent Pross, Acting Comptroller, official capacity, Appellees, American Civil Liberties Union and The Virginia Civil Liberties Union, Amici Curiae.

United States Court of Appeals, Fourth Circuit.

Decided October 19, 1978.

Attorney(s) appearing for the Case

Lynn I. Miller, Washington, D. C. (Roy Lucas, Washington, D. C., on brief), for appellant.

Robert T. Adams, Asst. Atty. Gen., Richmond, Va., on brief, for appellees.

Judith Levin, Sylvania Law, Janet Benshoof, New York City, American Civil Liberties Union Foundation and The Virginia Civil Liberties Union on brief, as amici curiae.

Before WINTER, Circuit Judge, FIELD, Senior Circuit Judge, and HALL, Circuit Judge.

K. K. HALL, Circuit Judge:

The issue we decide in this appeal is a limited one: whether a state which has established a policy for the stated objective of eliminating state medical assistance (medicaid) funding for nontherapeutic abortions may implement that policy by using a policy standard which requires a physician to certify that "on the basis of [his] professional judgment the life of [the medicaid recipient] would...

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