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BIRTH HOPE ADOPT. v. AZ HEALTH CARE COST CONTAIN.

No. 99-16057

218 F.3d 1040 (2000)

BIRTH HOPE ADOPTION AGENCY, INC., an Arizona corporation, Plaintiff-Appellant, v. ARIZONA HEALTH CARE COST CONTAINMENT SYSTEM, an agency of the State of Arizona, aka, Arizona Health Care Cost Containment System, aka AHCCCS; Mabel Chen, as Director of the Arizona Health Care Cost Containment System Administration; John H. Kelly, Acting Director of the Arizona Health Care Cost Containment System Administration, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 12, 2000

Attorney(s) appearing for the Case

Steven S. Lubliner, Furth, Fahrner & Mason, San Francisco, California, for the plaintiff-appellant.

Logan T. Johnston, Johnston & Dodd, Phoenix, Arizona, for the defendants-appellees.

Frederick W. Reif, Pelham Manor, New York, for the amicus.

Before: LEAVY, T.G. NELSON, and HAWKINS, Circuit Judges.

LEAVY, Circuit Judge:

Birth Hope Adoption Agency, Inc., an adoption and child placement agency licensed by the State of Arizona, brought this action seeking a declaration that Ariz. Rev.Stat. § 8-548.07 violates the Commerce Clause. Section 8-548.07 requires out-of-state persons who adopt children from Arizona to reimburse the State of Arizona for the full cost of prenatal care and delivery of the adopted child when such costs have been paid by the Arizona Health...

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