DOE v. U.S.

No. 03-1350.

372 F.3d 1308 (2004)

Jane DOE, Plaintiff-Appellee, v. UNITED STATES, Donald H. Rumsfeld, Secretary of Defense, and Tricare Management Activity (formerly known as Office of Civilian Health and Medical Programs of the Uniformed Services), Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

DECIDED: June 24, 2004.


Attorney(s) appearing for the Case

Rita V. Latsinova, Stoel Rives LLP, of Seattle, WA, argued for plaintiff-appellee. With her on the brief was Vanessa Soriano Power.

August E. Flentje, Attorney, Appellate Staff, Civil Division, United States Department of Justice, of Washington, DC, argued for defendants-appellants. With him on the brief were Peter D. Keisler, Assistant Attorney General; Gregory G. Katsas, Deputy Assistant Attorney General; and Robert M. Loeb, Attorney.

Before MICHEL, BRYSON, and PROST, Circuit Judges.


BRYSON, Circuit Judge.

Although the underlying question presented by this case is whether the government's ban on paying for certain kinds of abortions is unconstitutional, we do not reach the merits of that issue. Instead, we hold that we lack jurisdiction over the appeal from the district court's judgment, and we therefore transfer the case to the court with jurisdiction over the appeal, the United States Court of Appeals for the Ninth Circuit.

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