The STATE OF NEW YORK and The New York State Department of Health, Plaintiffs-Appellees,
v.
Margaret HECKLER, Secretary of the United States Department of Health and Human Services, Defendant-Appellant.
MEDICAL AND HEALTH RESEARCH ASSOCIATION OF NEW YORK CITY, INC., etc., et al., Plaintiffs-Appellees,
v.
Margaret HECKLER, or her successor, Secretary of the Department of Health and Human Services, Defendant-Appellant.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued May 27, 1983.
Decided October 7, 1983.
Attorney(s) appearing for the Case
Susan M. Campbell, Asst. U.S. Atty., S.D. N.Y., New York City (John S. Martin, Jr., U.S. Atty., S.D.N.Y., Peter C. Salerno, Asst. U.S. Atty., New York City, of counsel), for defendant-appellant.
Deborah Bachrach, Deputy Atty.-in-Chief, Public Advocacy Div., Office of the Atty. Gen. of the State of N.Y., New York City (Robert Abrams, Atty. Gen., State of N.Y., Alan D. Aviles, Asst. Atty. Gen., New York City, of counsel), for plaintiffs-appellees, State of N.Y.
Suzanne Lynn, American Civil Liberties Union, New York City, Janet Benshoof, Nan D. Hunter (Sarah Wunsch, Rhonda Copelon, Center for Constitutional Rights, New York City, Steven R. Shapiro, Madeline Kochen, New York Civil Liberties Union, New York City, of counsel), for plaintiffs-appellees, Medical and Health Research Ass'n of New York City, et al.
Maureen McLeod, Associate Counsel, Health and Hospitals Corp., New York City (Daniel E. Cohen, New York City, of counsel), for Health and Hospitals Corp., amicus curiae.
Paul M. Dodyk, New York City (Cravath, Swaine & Moore, New York City, Ruth J. Katz, Washington, D.C., of counsel), for United States Congressman Henry A. Waxman, amicus curiae.
Patricia Hennessey, Civil Liberties & Public Policy Program, Hampshire College, Amherst, Mass. (Judith Levin, New York City, Rabinowitz, Boudin, Standard, Krinsky & Lieberman, P.C., New York City), for the American Public Health Ass'n, et al., amicus curiae.
Frank Tuplin, Deputy Atty. Gen. of the State of Pa., Pittsburgh, Pa., LeRoy S. Zimmerman, Atty. Gen. of the State of Pa., Philadelphia, Pa. (Jim Mattox, Atty. Gen. of the State of Tex., Mary Keller, Asst. Atty. Gen. of the State of Tex., Austin, Tex., of counsel), for States of Pa., Tex., Alaska, Colo., Conn., Del., Haw., Ia., Mont., N.M., N.J., Vt., W.Va., Wis. and Wyo., amici curiae.
Before FEINBERG, Chief Judge, FRIENDLY and WINTER, Circuit Judges.
United States Court of Appeals, Second Circuit.
FEINBERG, Chief Judge:
The Secretary of the Department of Health and Human Services (the Secretary) appeals from a judgment of the United States District Court for the Southern District of New York, Henry F. Werker, J., granting plaintiffs a permanent injunction against implementation of the Secretary's rules promulgated pursuant to Title X of the Public Health Service Act, 42 U.S.C. §§ 300 et seq. The rules in question are described in detail below. The...
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