MOE v. SECRETARY OF ADMINISTRATION & FINANCE


382 Mass. 629 (1981)

417 N.E.2d 387

MARY MOE & others vs. SECRETARY OF ADMINISTRATION AND FINANCE & others.

Supreme Judicial Court of Massachusetts, Suffolk.

February 18, 1981.


Attorney(s) appearing for the Case

Nancy Gertner (John Reinstein, Marjorie Heins & Katherine Triantafillou with her) for the plaintiffs.

Thomas R. Kiley, Assistant Attorney General (Garrick F. Cole, Assistant Attorney General, with him) for the defendants.

Jeanne Barkin, for Preterm, Inc., amicus curiae, submitted a brief.

Robert A. Destro, for Catholic League for Religious and Civil Rights, amicus curiae, submitted a brief.

Carolynn Fischel & Rita J. DiGiovanni, for various religious professors & others, amici curiae, submitted a brief.

John H. Henn, Eve W. Paul & Dara Klassel, for Planned Parenthood Federation of America, Inc., & others, amici curiae, submitted a brief.

Kimberly Homan & Joyce Perkit Zalkind, for Boston Women's Health Book Collective, Inc., & others, amici curiae, submitted a brief.

Charles Kindregan, Dennis J. Horan, Victor G. Rosenblum, John D. Gorby, Patrick A. Trueman & Thomas J. Marzen, for certain Massachusetts physicians, amici curiae, submitted a brief.

Henry C. Luthin, for certain members of the General Court, and for Massachusetts Citizens for Life, Inc., amici curiae, submitted briefs.

Terry Jean Seligmann, Margot Botsford & Susanne C. Howard, for Women's Bar Association of Massachusetts & others, amici curiae, submitted a brief.

Present: HENNESSEY, C.J., QUIRICO, BRAUCHER, KAPLAN, WILKINS, LIACOS, & ABRAMS, JJ.


QUIRICO, J.

In this class action, the plaintiffs seek to have declared invalid and to enjoin the enforcement of certain statutory provisions restricting the funding of abortions under the Massachusetts Medical Assistance Program (Medicaid). The defendants are all officials in the executive branch of the government of the Commonwealth. The challenged enactments include G.L.c. 29, § 20B, inserted by St. 1979, c. 268,...

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