PLANNED PARENTHOOD FED. OF AMERICA v. HECKLER

Nos. 83-1232, 83-1239.

712 F.2d 650 (1983)

PLANNED PARENTHOOD FEDERATION OF AMERICA, INC., et al. v. Margaret M. HECKLER, Secretary, U.S. Department of Health and Human Services, Appellant. NATIONAL FAMILY PLANNING AND REPRODUCTIVE HEALTH ASSOCIATION, INC., et al. v. DEPARTMENT OF HEALTH AND HUMAN SERVICES et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided July 8, 1983.


Attorney(s) appearing for the Case

Carolyn B. Kuhl, Deputy Asst. Atty. Gen., Washington, D.C., with whom J. Paul McGrath, Asst. Atty. Gen., Stanley S. Harris, U.S. Atty., and Leonard Schaitman and William G. Cole, Attys., Dept. of Justice, Washington, D.C., were on the brief, for appellants.

Nancy L. Buc, Washington, D.C., for appellees Planned Parenthood Federation of America, Inc., et al. Scott T. Maker, Washington, D.C., entered an appearance for appellees Planned Parenthood Federation of America, Inc., et al.

John W. Nields, Jr., Washington, D.C., with whom Deborah V. Swirling, Washington, D.C., was on the brief, for appellees Nat. Family Planning and Reproductive Health Ass'n, Inc., et al.

William J. Olson and James E. Gates, Washington, D.C., were on the brief for amici curiae Jeremiah A. Denton et al., urging reversal.

Ruth J. Katz, Philadelphia, Pa., was on the brief for amicus curiae U.S. Congressman Henry A. Waxman, urging affirmance.

Sana F. Shtasel, Washington, D.C., was on the brief for amicus curiae U.S. Senator Bob Packwood, urging affirmance.

Elizabeth Symonds, Washington, D.C., was on the brief for amici curiae American Public Health Ass'n et al., urging affirmance.

Before WRIGHT, EDWARDS and BORK, Circuit Judges.


Opinion for the court filed by Circuit Judge J. SKELLY WRIGHT.

Opinion concurring in part and dissenting in part filed by Circuit Judge BORK.

J. SKELLY WRIGHT, Circuit Judge:

At issue in this case is the validity of regulations recently issued by the Secretary of the Department of Health and Human Services (HHS) requiring all providers of family planning services which receive funds under Title X of the Public Health Service Act (Title X)

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