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PLANNED PARENTHOOD ASSN. v. DEPT. OF HUMAN RES.

No. CA A20856; SC 29722.

687 P.2d 785 (1984)

297 Or. 562

PLANNED PARENTHOOD ASSOCIATION, Inc., et al., Respondents On Review, v. DEPARTMENT OF HUMAN RESOURCES OF THE STATE OF OREGON; LEO HEGSTROM, Director of the Department of Human Resources for the State of Oregon; Adult & Family Services Division of the Department of Human Resources for the State of Oregon; Keith Putnam, Administrator of the Adult & Family Services Division; Maureen Reyes, Medical Programs Eligibility Specialist of the Adult & Family Services Division; Petitioners On Review.

Supreme Court of Oregon, In Banc.

Supplemental Memoranda Requested April 24, 1984.

Submitted on Supplemental Memoranda May 17, 1984.

Decided August 21, 1984.

Attorney(s) appearing for the Case

James E. Mountain, Jr., Deputy Sol. Gen., argued the cause for petitioners on review. With him on the briefs were Dave Frohnmayer, Atty. Gen., William F. Gary, Sol. Gen., and Virginia L. Linder, Asst. Atty. Gen.

Ruth Gundle, Oregon Legal Services Corp., and Stephen S. Walters, American Civil Liberties Union, Portland, argued the cause for respondents on review. With them on the briefs were Donna Meyer, Nancy Helget, Albany, and Ira Zarov, Oregon Legal Services Corp., Andrew R. Gardner, American Civil Liberties Union, Mary Klepser, Portland, Legal Advocacy for Women Fund; Pamela L. Jacklin and Susan P. Graber, Portland.

LENT, Justice.

This case was presented as a challenge based upon the Oregon Constitution to an administrative rule pursuant to ORS 183.400(4)(a). Promulgated by the Adult and Family Services Division (Division), the rule limits the availability of reimbursement for abortions within the state medical assistance program.

In addition to charging that the rule violates Article I, Section 20 of the Oregon Constitution, the individuals and public interest groups...

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