ORR v. NELSON

No. 4:CV94-3252.

874 F.Supp. 998 (1995)

G. William ORR, M.D., on behalf of himself and the Medicaid-eligible women seeking abortions he serves; and Womens Services, P.C., Plaintiffs, v. E. Benjamin NELSON, in his official capacity as Governor of the State of Nebraska; Donald Stenberg, in his official capacity as Attorney General of the State of Nebraska; and Mary Dean Harvey, in her official capacity as Director of the Nebraska Department of Social Services, Defendants.

United States District Court, D. Nebraska.

January 25, 1995.


Attorney(s) appearing for the Case

Lawrence I. Batt, Batt & Associates, Omaha, NE, Simon Heller, New York City, for plaintiffs.

David T. Bydalek, Asst. Atty. Gen., Lincoln, NE, for defendants.


MEMORANDUM AND ORDER

KOPF, District Judge.

On November 4, 1994 (filing 19) I granted declaratory and injunctive relief in favor of Plaintiffs and against Defendants after I found that Nebraska's Medicaid regulations violated the Supremacy Clause of the Constitution because those regulations conflicted with federal law found in the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1994, P.L. 103-112,...

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