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PATTERSON v. PLANNED PARENTHOOD OF HOUSTON AND SOUTHEAST TEXAS, INC.

No. 97-0889.

971 S.W.2d 439 (1998)

Patti PATTERSON, M.D., Interim Commissioner of Health, in her official capacity, William Reyn Archer, recently appointed Commissioner of Health, in his official capacity, and the Texas Department of Health, Appellants, v. PLANNED PARENTHOOD OF HOUSTON AND SOUTHEAST TEXAS, INC., Appellee.

Supreme Court of Texas.

Decided June 23, 1998.

Attorney(s) appearing for the Case

Edward P. Watt, Daniel R. Castro, Austin, Kelly J. Shackelford, Dallas, Dedra L. Wilburn, Dan Morales, Toni Hunter, Laquita A. Hamilton, Austin, for Appellants.

Martha S. Dickie, David C. Duggins, Charles R. Burton, Austin, for Appellee.

HANKINSON, Justice, delivered the opinion of the Court, in which PHILLIPS, Chief Justice, and HECHT, ENOCH, SPECTOR, OWEN, and BAKER, Justices, joined.

On direct appeal, the Texas Commissioner of Health asks us to reverse the judgment of the trial court declaring rider 14 to the 1997-1999 Department of Health family planning appropriation to be unconstitutional. The rider forbids the use of state funds to dispense prescription...

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