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BELL v. LOW INCOME WOMEN OF TEXAS

No. 01-0061.

95 S.W.3d 253 (2002)

Charles E. BELL, Commissioner of Health, et al., Petitioner, v. LOW INCOME WOMEN OF TEXAS, et al., Respondent.

Supreme Court of Texas.

Decided December 31, 2002.

Attorney(s) appearing for the Case

Gregory S. Coleman, Weil, Gotshal & Manges, Robert Searls Johnson, Asst. Solicitor General, Jeffrey S. Boyd, Office of the Attorney General, John Cornyn, Attorney General of the State of Texas, Andy Taylor, First Assistant Attorney General, Austin, for Petitioner.

Catherine A. Mauzy, Austin, for Respondent.

Justice O'NEILL delivered the opinion of the Court, in which Chief Justice PHILLIPS, Justice HECHT, Justice ENOCH, Justice OWEN, Justice JEFFERSON, Justice SCHNEIDER and Justice SMITH joined.

In this case, plaintiffs challenge certain restrictions the State's Medicaid program places on abortion funding. The program provides medically necessary services for which federal matching funds are available. Before 1976, those services included abortions that were determined...

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