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HARRIS v. McRAE

No. 79-1268.

448 U.S. 297 (1980)

HARRIS, SECRETARY OF HEALTH AND HUMAN SERVICES v. McRAE ET AL.

Supreme Court of United States.

Decided June 30, 1980.

Attorney(s) appearing for the Case

Solicitor General McCree argued the cause for appellant. With him on the briefs were Assistant Attorney General Daniel and Eloise E. Davies. Victor G. Rosenblum, Dennis J. Horan, John D. Gorby, Carl Anderson, Patrick A. Trueman, A. Lawrence Washburn, Jr., and Gerald E. Bodell filed briefs for Buckley et al., appellees under this Court's Rule 10 (4), in support of appellant.

Rhonda Copelon argued the cause for appellees McRae et al. With her on the briefs were Nancy Stearns, Sylvia Law, Ellen K. Sawyer, Janet Benshoof, Judith Levin, Harriet Pilpel, and Eve Paul.*

MR. JUSTICE STEWART delivered the opinion of the Court.

This case presents statutory and constitutional questions concerning the public funding of abortions under Title XIX of the Social Security Act, commonly known as the "Medicaid" Act, and recent annual Appropriations Acts containing the so-called "Hyde Amendment." The statutory question is whether Title XIX requires a State that participates in the Medicaid program to...

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