FISCHER, ET AL. v. DEPT. OF PUB. WEL. ET AL.

No. 283 C.D. 1981.

85 Pa.Commw. 215 (1984)

JoAnne Fischer, et al., Petitioners v. Department of Public Welfare, et al., Respondents.

Commonwealth Court of Pennsylvania.

March 9, 1984.


Attorney(s) appearing for the Case

Kathryn Kolbert, with her, Susan Cary Nicholas, Seth Kreimer and Robert F. Williams, for petitioners. Andrew S. Gordon, Senior Deputy Attorney General, with him, Daniel R. Schuckers, Deputy Attorney General, Allen C. Warshaw, Senior Deputy Attorney General, Chief, Litigation Section, LeRoy S. Zimmerman, Attorney General, and Stanley Slipakoff, Assistant Counsel, Department of Public Welfare, for respondents.

Nadine Taub, with her, Pamela Pryor Cohen, Swenson and Cohen, for Amici Curiae of The National Women's Health Network et al.

William Bentley Ball, with him, Philip J. Murren and Sandra E. Wise, Ball & Skelly, for Amici Curiae, Dr. Dorothy Czarnecki et al.

Heard February 7, 1984, before Judge MacPHAIL.


MEMORANDUM OPINION BY JUDGE MacPHAIL, March 9, 1984:

On December 19, 1980, the Pennsylvania General Assembly amended the Public Welfare Code by adding a section1 (hereinafter Act of 1980) which provided that no funds of the Commonwealth and no federal funds appropriated by the Commonwealth should be used to fund abortions unless (1) a physician certified that the life of the mother would be endangered if the fetus was carried to full term...

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