REPRODUCTIVE HEALTH SERVICES v. FREEMAN

Nos. 79-1275, 79-1346.

614 F.2d 585 (1980)

REPRODUCTIVE HEALTH SERVICES, Robert H. Duemler, M. D., Appellants, Michael Freiman, M. D. v. David R. FREEMAN, Director, State of Missouri Department of Social Services, and Phyllis J. Reser, Director, Department of Social Services, Division of Family Services, State of Missouri, Appellees. REPRODUCTIVE HEALTH SERVICES, Robert H. Duemler, M. D., Appellees, Michael Frieman, M. D. v. David R. FREEMAN, Director, State of Missouri Department of Social Services, and Phyllis J. Reser, Director, Department of Social Services, Division of Family Services, State of Missouri, Appellants.

United States Court of Appeals, Eighth Circuit.

Decided January 9, 1980.


Attorney(s) appearing for the Case

Frank Susman, Susman, Schermer Rimmel & Parker, St. Louis, Mo. (argued), Susman also made rebuttal and Leland M. Shurin, Horowitz & Shurin, Kansas City, Mo., on brief, for appellant, Reproductive Health Services, et al.

Michael L. Boicourt, Asst. Atty. Gen., Jefferson City, Mo. (argued) and John Ashcroft, Atty. Gen., Jefferson City, Mo., on brief, for appellees, David R. Freeman, etc., et al.

David C. Drury, St. Louis, Mo., on brief, for amicus curiae, Lawyers for Life, Inc. and Missouri Citizens for Life.

Before ROSS and STEPHENSON, Circuit Judges, and McMANUS, District Judge.


STEPHENSON, Circuit Judge.

At issue is the validity of a Missouri medical assistance regulation that makes public subsidy of abortions available only where a full-term pregnancy and childbirth would cause the death of the mother. The district court1 held the regulation invalid on the basis that it conflicted with the Federal Medicaid Act (Title XIX). The court further held, however, that Missouri could legally refuse to subsidize abortion...

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