BOWEN v. AMERICAN HOSPITAL ASSN.

No. 84-1529.

476 U.S. 610 (1986)

BOWEN, SECRETARY OF HEALTH AND HUMAN SERVICES v. AMERICAN HOSPITAL ASSOCIATION ET AL.

Supreme Court of United States.

Decided June 9, 1986


Attorney(s) appearing for the Case

Deputy Assistant Attorney General Cooper argued the cause for petitioner. With him on the briefs were Solicitor General Fried, Assistant Attorney General Reynolds, Deputy Solicitor General Wallace, Edwin S. Kneedler, Brian K. Landsberg, and Mark L. Gross.

Richard L. Epstein argued the cause for respondents American Hospital Association et al. With him on the brief were Stuart M. Gerson, William G. Kopit, David H. Larry, and Robert W. McCann. Benjamin W. Heineman, Jr., argued the cause for respondents American Medical Association et al. With him on the brief were Carter G. Phillips, Vincent F. Prada, Newton N. Minow, Jack R. Bierig, Ann E. Allen, and Joseph A. Keyes, Jr.*

Briefs of amici curiae urging affirmance were filed for the American Academy of Pediatrics et al. by Stephan E. Lawton, Jack N. Goodman, and John A. Hodges; for the State University of New York by Robert Abrams, Attorney General of New York, Robert Hermann, Solicitor General, Frederick K. Mehlman, Stanley A. Camhi, Paul M. Glickman, Donna Miller, Martha O. Shoemaker, and Jane Levine, Assistant Attorneys General, and Sanford H. Levine; and for George P. Smith II, pro se.

James Bopp, Jr., filed a brief for Senator Orrin G. Hatch et al. as amici curiae.


JUSTICE STEVENS announced the judgment of the Court and delivered an opinion, in which JUSTICE MARSHALL, JUSTICE BLACKMUN, and JUSTICE POWELL join.

This case presents the question whether certain regulations governing the provision of health care to handicapped infants are authorized by § 504 of the Rehabilitation Act of 1973. That section provides, in part:

"No otherwise qualified handicapped individual . ...

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