RIGHT TO CHOOSE v. BYRNE


173 N.J. Super. 66 (1980)

413 A.2d 366

RIGHT TO CHOOSE; E.M., P.B., A.C., D.T., E.R. ON BEHALF OF E., A MINOR, AND D.C. ON BEHALF OF K., A MINOR, ALL ON BEHALF OF THEMSELVES AND ALL OTHERS SIMILARLY SITUATED; EDWARD S. MILNER, JR., M.D.; NEW JERSEY WELFARE RIGHTS ORGANIZATION; AND NEW JERSEY RELIGIOUS COALITION FOR ABORTION RIGHTS, PLAINTIFFS, v. BRENDAN T. BYRNE, GOVERNOR, STATE OF NEW JERSEY; JOHN J. DEGNAN, ATTORNEY GENERAL, STATE OF NEW JERSEY; ANN KLEIN, COMMISSIONER, DEPARTMENT OF HUMAN SERVICES, STATE OF NEW JERSEY; G. THOMAS RITI, DIRECTOR, DIVISION OF HUMAN SERVICES, STATE OF NEW JERSEY; THOMAS M. RUSSO, ACTING DIRECTOR, DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES, DEPARTMENT OF HUMAN SERVICES, STATE OF NEW JERSEY; AND JOANNE E. FINLEY, COMMISSIONER, DEPARTMENT OF HEALTH, STATE OF NEW JERSEY, DEFENDANTS, AND JOHN T. SCULLY, M.D., F.A.C.S., AS GUARDIAN ON BEHALF OF THOSE CONCEIVED BUT UNBORN HEREIN AND ON BEHALF OF OTHERS SIMILARLY SITUATED; DOMINIC A. INTROCASO, M.D., F.A.C.O.G.; ANTHONY P. DESPIRITO, M.D., F.A.A.P.; THE NEW JERSEY RIGHT TO LIFE COMMITTEE; THE STUDENT AD HOC COMMITTEE AGAINST THE WAR IN VIETNAM AND NEW JERSEY CONCERNED TAXPAYERS, AN ASSOCIATION, INTERVENORS.

Superior Court of New Jersey, Chancery Division Middlesex County.

Decided January 31, 1980.


Attorney(s) appearing for the Case

Nadine Taub, Joan Vermuelen, Edward Tetelman and Louis Raveson for plaintiffs.

Michael R. Cole, Assistant Attorney General, and Andrea M. Silkowitz, Deputy Attorney General, for defendants (John J. Degnan, Attorney General, State of New Jersey).

Stephen J. Foley for intervenors.


FURMAN, J.S.C.

Plaintiffs seek attorneys' fees pursuant to 42 U.S.C.A. § 1988 in litigation attacking the constitutional and statutory validity of N.J.S.A. 30:4D-6.1 and of the state administrative guidelines defining eligibility for Medicaid funding for abortions. The court held initially that N.J.S.A. 30:4D-6.1 was invalid on statutory grounds as a violation of a participating state's obligation...

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