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WOMEN'S HEALTH SERVICES, INC. v. MAHER

No. 232, Docket 80-6029.

636 F.2d 23 (1980)

WOMEN'S HEALTH SERVICES, INC.; Jane Doe, individually and on behalf of other persons similarly situated; Virginia Stuermer, M.D., individually and on behalf of other persons similarly situated; Forrest D. Gibson, M.D., individually and on behalf of other persons similarly situated, Plaintiffs-Appellees, v. Edward W. MAHER, in his official capacity as Commissioner, State of Connecticut Department of Income Maintenance; Henry E. Parker, in his official capacity as Treasurer of the State of Connecticut, Defendants and Third-Party Plaintiffs-Appellants, v. Patricia R. HARRIS, in her official capacity as Secretary of the United States Department of Health, Education and Welfare; and United States Department of Health, Education and Welfare, Third-Party Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided November 25, 1980.

Attorney(s) appearing for the Case

Michael Anthony Arcari, Asst. Atty. Gen., Hartford, Conn. (Carl R. Ajello, Atty. Gen., Paige J. Everin, Asst. Atty. Gen., Hartford, Conn., of counsel) for defendants and third-party plaintiffs-appellants.

Catherine Roraback, Canaan, Conn. (Martha Stone, Connecticut Civil Liberties Union Foundation, Hartford, Conn., of counsel) for plaintiffs-appellees.

Linda Cole, Atty., Civ. Div., Dept. of Justice, Washington, D.C. (Richard Blumenthal, U. S. Atty., New Haven, Conn., Alice Daniel, Asst. Atty. Gen., William Kanter, Atty., Civ. Div., Dept. of Justice, Washington, D.C., of counsel) for third-party defendants-appellees.

Before FEINBERG, Chief Judge, and LUMBARD and FRIENDLY, Circuit Judges.

FEINBERG, Chief Judge:

Defendants Edward W. Maher and Henry E. Parker appeal from orders of the United States District Court for the District of Connecticut, M. Joseph Blumenfeld, J., that held unconstitutional a Connecticut regulation providing public funds for abortions only when the mother's life would otherwise be endangered and that enjoined state officials from refusing to provide reimbursement to those otherwise eligible for medically necessary abortions.

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