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PLANNED PARENTHOOD AFFILIATES OF MICH. v. ENGLER

Nos. 94-1913, 94-2097.

73 F.3d 634 (1996)

PLANNED PARENTHOOD AFFILIATES OF MICHIGAN; Planned Parenthood of South Central Michigan; Planned Parenthood of Mid-Michigan, on behalf of themselves and the Medicaid-eligible women of the State of Michigan to whom they provide health care, Plaintiffs-Appellees, Summit Medical Center; Michiana Abortion Clinic, P.C.; and Northland Family Planning Clinic, Inc., on behalf of themselves, Janet Jackson (pseudonym), and all similarly situated Medicaid-eligible women in the State of Michigan, Plaintiffs-Appellees/Cross-Appellants, v. John ENGLER, Governor of the State of Michigan, in his official capacity; Gerald Miller, Director of the Michigan Department of Social Services, in his official capacity; Vernon K. Smith, Director of the Michigan Medical Services Administration, Defendants-Appellants/Cross-Appellees, Frank J. Kelly, Attorney General, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided January 16, 1996.

Attorney(s) appearing for the Case

Roger K. Evans (briefed), Planned Parenthood Federation of America, Inc., New York City, Lore A. Rogers, Ann Arbor, MI, for Planned Parenthood Affiliates of Michigan, Planned Parenthood of South Central Michigan, Planned Parenthood of Mid-Michigan.

Eve C. Gartner, (argued and briefed), Center for Reproductive Law & Policy, New York City, for Summit Medical Center, Michiana Abortion Clinic, P.C., Northland Family Planning Clinic, Inc. in No. 94-1913.

Eve C. Gartner, Center for Reproductive Law & Policy, New York City, Donna J. Innes, Kalamazoo, MI, for Summit Medical Center, Michiana Abortion Clinic, P.C., Northland Family Planning Clinic, Inc., in No. 94-2097.

Thomas R. Wheeker (argued and briefed), Office of the Attorney General, Tort Defense Division, Lansing, MI, for Defendants-Appellants/Cross-Appellees.

Paul Benjamin Linton (briefed), Chicago, IL, for Amicus Curiae Members of the Michigan Legislature.

Before: MERRITT, Chief Judge; DAUGHTREY and OAKES, Circuit Judges.

PRELIMINARY STATEMENT

OAKES, Circuit Judge.

These consolidated cases involve the validity of Section 109a of the Social Welfare Act of Michigan, Mich.Comp.Laws Ann. § 400.109a (West 1994 supp.) ("Section 109a"), which prohibits the expenditure of state funds to pay for an abortion for a welfare recipient unless the abortion is necessary to save the life of the mother. The court for the Western District of Michigan, Judge Benjamin F. Gibson, found that...

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