Jane ROE, Mary Moe, and Annyce Hawkins, Individually and on behalf of all others similarly situated; John Franklin, M.D., and Louis Gerstley, III, M.D., Individually and on behalf of all others similarly situated; Planned Parenthood of Southeastern Pennsylvania, Elizabeth Blackwell Health Center for Women, Women's Health Service, and Philadelphia Welfare Rights Organization, Pennsylvania Not-for-Profit Corporations, Appellees,
v.
Robert E. CASEY, Individually and in his official capacity as Treasurer of the Commonwealth of Pennsylvania; and Helen O'Bannon, Individually and in her official capacity as Secretary of the Pennsylvania Department of Public Welfare, Appellants.
Appeal of J. Edward LYNCH, M.D., Thomas F. Toomey, M.D., and Charles F. Dougherty, Movants to Intervene as Defendants.
United States Court of Appeals, Third Circuit.https://leagle.com/images/logo.png
Argued November 14, 1979.
Decided April 18, 1980.
As Amended May 21, 1980.
Attorney(s) appearing for the Case
Louis G. F. Retacco, Chief Counsel to the State Treasurer, Harrisburg, Pa., for appellant Casey.
William B. Ball, Sp. Asst. Atty. Gen. (argued), Ball & Skelly, Harrisburg, Pa., Edward G. Biester, Jr., Atty. Gen., Pennsylvania Dept. of Justice, Harrisburg, Pa., for appellant O'Bannon.
C. Clark Hodgson, Jr., Georganne Daher Terrill, Stradley, Ronon, Stevens & Young, Philadelphia, Pa., for appellants Lynch, Toomey and Dougherty.
Alice M. Price, Susan Cary Nicholas, Women's Law Project, Philadelphia, Pa., Sheri Friedman, Roland Morris, Philadelphia, Pa., Paulette Ettachild, Law Center South, Community Legal Services, Philadelphia, Pa., for appellees; Paul Bender, Thomas B. Harvey, Jr., ACLU, Philadelphia, Pa., of counsel, Nancy Schulz, on brief.
Marsha Levick, Juvenile Law Center of Philadelphia, Philadelphia, Pa., for The Juvenile Law Center of Philadelphia, amicus curiae.
Thomas M. Schubert, George S. Forde, Jr., Richard J. Kradjel, E. Arthur Thompson, Gerry J. Woods, Philadelphia, Pa., for Pennsylvania Pro Life Coalition of Pennsylvania for Human Life, Americans United for Life, amici curiae; John D. Gorby, Patrick A. Trueman, Dennis J. Horan, Legal Defense Fund, Chicago, Ill., of counsel.
Theodore Simon, Philadelphia, Pa., for Pennsylvania NOW, National Emergency Civil Liberties Committee, Pennsylvania Council of the Union of American Hebrew Congregations and the Philadelphia Chapter of the National Lawyers Guild, amicus curiae.
Doris J. Dabrowski, Philadelphia, Pa., for The Clara Bell Education Fund, amicus curiae; Martha Swartz, Taylor Zimmerman, on brief.
Before HUNTER, WEIS and GARTH, Circuit Judges.
United States Court of Appeals, Third Circuit.
OPINION OF THE COURT
GARTH, Circuit Judge.
This appeal calls upon us once again to deal with the difficult and controversial subject of abortion.1 We are asked to decide whether two Pennsylvania statutes2 contravene the requirements of Title XIX of the Social Security Act3—the federal Medicaid law—inasmuch as the...
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