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FISCHER ET AL. v. DEPT. OF PUB. WELFARE ET AL.

No. 283 C.D. 1981.

66 Pa.Commw. 70 (1982)

Joanne Fischer et al., Petitioners v. Commonwealth of Pennsylvania, Department of Public Welfare et al., Respondents.

Commonwealth Court of Pennsylvania.

Decided April 8, 1982.

Attorney(s) appearing for the Case

Kathryn Kolbert, with her Susan Cary Nicholas, Seth Kreimer, and of counsel, Virginia Kerr, for petitioners.

Andrew S. Gordon, Deputy Attorney General, with him Allen C. Warshaw, Deputy Attorney General, Chief, Civil Litigation, and LeRoy S. Zimmerman, Attorney General, for respondents.

Robert F. Williams, of counsel, Thomas B. Harvey, for Amicus Curiae, American Civil Liberties Foundation.

Beth Olanoff, with her Lynn Miller, for Amicus Curiae, Religious Coalition for Abortion Rights.

Argued September 16, 1981, before President Judge CRUMLISH, JR. and Judges ROGERS, BLATT, WILLIAMS, JR. and CRAIG. Reargued March 2, 1982, before President Judge CRUMLISH, JR. and Judges ROGERS, BLATT, CRAIG, MacPHAIL and DOYLE.

OPINION IN SUPPORT OF SUSTAINING PRELIMINARY OBJECTIONS BY JUDGE BLATT.

Before us now are the preliminary objections of the Department of Public Welfare to a petition for review in the nature of a complaint in equity addressed to our original jurisdiction.

The petition for review seeks to restrain the implementation of the Act of December 19, 1980, P.L. 1321 (Act 239), 62 P.S. § 453, which permits the use of medical assistance funds for abortions only...

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