WOMEN'S HEALTH CENTER v. PANEPINTO

Nos. 21924 to 21926.

446 S.E.2d 658 (1993)

191 W.Va. 436

WOMEN'S HEALTH CENTER OF WEST VIRGINIA, INC., Women's Health Services, Inc., and West Virginia Free, on Behalf of Themselves and All Medicaid-Eligible Women in West Virginia, Plaintiffs Below, Appellants, and The West Virginia Chapter of the National Organization for Women, Intervening Plaintiff, Appellee, v. Ruth Ann PANEPINTO, PH.D., Secretary, West Virginia Department of Health and Human Resources; and Nancy J. Tolliver, Commissioner, Bureau of Administration and Finance, Department of Health and Human Services, Defendants Below, Appellants, and Karen A. Cross, Rebecca A. Romero, Charlotte S. Snead, Dianne Fowler, Rev. Wayne Swisher, Jay Gould, Dr. Ric Day, Linda Day, Phyllis Martin, Kim Hale, Karen Austin, Leonard Anderson, Keith Wagner, Donna Boley, Odell Huffman, Barbara Warner, Ben Vest, Steve Harrison, Dick Henderson, Danny Ellis, Larry Hendricks, John Pino, Larry Border, Tom Louisos, Jay Nesbitt, Farrell Johnson, Ron Walters, Kenneth Adkins and Randy Schoonover, Taxpayers and Citizens of the State of West Virginia, and West Virginians for Life, Inc., A West Virginia Corporation, Intervening Defendants Below, Appellees. WOMEN'S HEALTH CENTER OF WEST VIRGINIA, INC., Women's Health Services, Inc., and West Virginia Free, on Behalf of Themselves and All Medicaid-Eligible Women In West Virginia, Plaintiffs Below, Appellees, and The West Virginia Chapter of the National Organization for Women, Intervening Plaintiff, Appellant, v. Ruth Ann PANEPINTO, PH.D., Secretary, West Virginia Department of Health and Human Resources; and Nancy J. Tolliver, Commissioner, Bureau of Administration and Finance, Department of Health and Human Services, Defendants Below, Appellees, and Karen A. Cross, Rebecca A. Romero, Charlotte S. Snead, Dianne Fowler, Rev. Wayne Swisher, Jay Gould, Dr. Ric Day, Linda Day, Phyllis Martin, Kim Hale, Karen Austin, Leonard Anderson, Keith Wagner, Donna Boley, Odell Huffman, Barbara Warner, Ben Vest, Steve Harrison, Dick Henderson, Danny Ellis, Larry Hendricks, John Pino, Larry Border, Tom Louisos, Jay Nesbitt, Farrell Johnson, Ron Walters, Kenneth Adkins and Randy Schoonover, Taxpayers and Citizens of the State of West Virginia, and West Virginians for Life, Inc., A West Virginia Corporation, Intervening Defendants Below, Appellees. WOMEN'S HEALTH CENTER OF WEST VIRGINIA, INC., Women's Health Services, Inc., and West Virginia Free, on Behalf of Themselves and All Medicaid-Eligible Women in West Virginia, Plaintiffs Below, Appellees, and The West Virginia Chapter of the National Organization for Women, Intervening Plaintiff, Appellee, v. Ruth Ann PANEPINTO, PH.D., Secretary, West Virginia Department of Health and Human Resources; and Nancy J. Tolliver, Commissioner, Bureau of Administration and Finance, Department of Health and Human Services, Defendants Below, Appellees, and Karen A. Cross, Rebecca A. Romero, Charlotte S. Snead, Dianne Fowler, Rev. Wayne Swisher, Jay Gould, Dr. Ric Day, Linda Day, Phyllis Martin, Kim Hale, Karen Austin, Leonard Anderson, Keith Wagner, Donna Boley, Odell Huffman, Barbara Warner, Ben Vest, Steve Harrison, Dick Henderson, Danny Ellis, Larry Hendricks, John Pino, Larry Border, Tom Louisos, Jay Nesbitt, Farrell Johnson, Ron Walters, Kenneth Adkins and Randy Schoonover, Taxpayers and Citizens of the State of West Virginia, and West Virginians for Life, Inc., A West Virginia Corporation, Intervening Defendants Below, Appellants.

Supreme Court of Appeals of West Virginia.

Decided December 17, 1993.

Dissenting Opinion of Justice McHugh July 21, 1994.


Attorney(s) appearing for the Case

Roger Forman, Forman & Crane, Charleston, Kathryn Kolbert, Eve C. Gartner, The Center for Reproductive Law & Policy, New York, New York City, for Women's Health Center.

John M. Hedges, Charleston, Barbara Fleischauer, Morgantown, for NOW.

Thomas M. Woodward, Deborah L. McHenry, Deputy Attys. Gen., Charleston, for Health & Human Resources.

John Andrew Smith, Stephen A. Weber, Geoffry A. Haddad, Kay, Casto, Chaney, Love & Wise, Charleston, for Cross, et al.


WORKMAN, Chief Justice:

Appellants challenge the August 25, 1993, order of the Circuit Court of Kanawha County upholding the constitutionality of West Virginia § 9-2-11 (Supp.1993),1 which bans the use of state medicaid2 funds for abortions except in limited circumstances. Those individuals and organizations, to whom...

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