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ROSIE J. v. DEPT. OF HUMAN RESOURCES

No. 232PA96.

491 S.E.2d 535 (1997)

ROSIE J., on her own behalf, and on behalf of all women similarly situated, Raleigh Women'S Health Organization, and John Marks, M.D. v. NORTH CAROLINA DEPARTMENT OF HUMAN RESOURCES, C. Robin Britt, Sr., in his official capacity as Secretary of the North Carolina Department of Human Resources, and James Hunt, in his official capacity as Governor of North Carolina.

Supreme Court of North Carolina.

October 3, 1997.

Attorney(s) appearing for the Case

Center for Reproductive Law & Policy by Eve C. Gartner, New York City; and Ferguson, Stein, Wallas, Adkins, Gresham & Sumter by Thomas M. Stern, Chapel Hill, for plaintiff-appellants.

Michael F. Easley, Attorney General by Belinda A. Smith, Assistant Attorney General, for defendant-appellees.

Moore & Van Allen, PLLC by Jonathan D. Sasser, Raleigh, on behalf of The American Civil Liberties Union of North Carolina Legal Foundation, The South Mountain Women's Health Alliance, NC Equity, and The National Association of Social Workers on Behalf of Its North Carolina Chapter, amici curiae.

Stam, Fordham & Danchi, P.A. by Paul Stam, Jr., Apex, on behalf of North Carolina Right to Life, Inc., amicus curiae.

WEBB, Justice.

The plaintiffs first argue that when the General Assembly restricted the use of the State Abortion Fund to eliminate payments for medically necessary abortions, the defendants were obligated to fund such abortions using the State's contribution to the Medical Assistance Fund. Assuming the defendants could have used the Medical Assistance Fund in this way, we do not believe this was the intent of the General Assembly. We cannot believe the General Assembly...

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