The STATE OF NEW YORK, The City of New York and The New York City Health and Hospitals Corporation, Plaintiffs,
v.
Otis R. BOWEN, or his successor, Secretary of the United States Department of Health and Human Services, Defendant.
Dr. Irving RUST, on behalf of himself, his patients, and all others similarly situated; Dr. Melvin Padawer, on behalf of himself, his patients, and all others similarly situated; Medical and Health Research Association of New York City, Inc., individually and on behalf of its delegate agency Planned Parenthood of New York City, Inc.; Planned Parenthood of Westchester/Rockland; and Health Services of Hudson County, New Jersey, Plaintiffs,
v.
Otis R. BOWEN, or his successor, Secretary of the United States Department of Health and Human Services, Defendant.
United States District Court, S.D. New York.https://leagle.com/images/logo.png
June 30, 1988.
June 30, 1988.
Attorney(s) appearing for the Case
Robert Abrams, Atty. Gen., of the State of N.Y., Suzanne M. Lynn, Asst. Atty. Gen., Chief, Civil Rights Bureau, Marla Tepper, Sanford M. Cohen, Asst. Attys. Gen., New York City, for plaintiff The State of N.Y.
Peter Zimroth, Corp. Counsel, Lorna Bade Goodman, Asst. Corp. Counsel, Chief, Affirmative Litigation Div., Hillary Weisman, Asst. Corp. Counsel, New York City, for plaintiffs The City of New York and The City of New York Health and Hospitals Corp.
American Civil Liberties Union Foundation, Janet Benshoof, Rachael Pine, New York Civil Liberties Union, Norman Siegel, Hollyer, Jones, Brady, Smith, Troxell, Barrett & Chira, New York City (Laurie Rockett, of counsel), for plaintiffs Dr. Irving Rust, et al.
Department of Justice, Civil Div., Richard K. Willard, Asst. Atty. Gen., Robert J. Cynkar, Deputy Asst. Atty. Gen., Thomas Millet, Thomas Bovard, Susan Rudy, Office of Gen. Counsel, Dept. of Health and Human Services, Washington, D.C. (Joel Mangel, Carol Conrad, of counsel), for defendant Otis Bowen, M.D., Secretary of Health and Human Services.
United States District Court, S.D. New York.
OPINION AND ORDER
STANTON, District Judge.
Plaintiffs challenge final regulations promulgated on February 2, 1988 by the Department of Health and Human Services, which prohibit Title X projects1 from counseling or referring clients for abortion as a method of family planning, require Title X grantees to separate their projects, physically and financially, from any abortion activities...
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