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SABREE EX REL. SABREE v. RICHMAN

No. 03-1226.

367 F.3d 180 (2004)

Hassan SABREE, By his Mother and Next-Friend, Hana SABREE; Catherine Meade, By her Father and Next-Friend, Robert A. Meade; Joseph Frazier, By his Mother and Next-Friend, Patricia Frazier, for Themsleves and All Others Similarly Situated v. * Estelle B. RICHMAN, In Her Official Capacity as Secretary of the Department of Public Welfare of the Commonwealth of Pennsylvania Hassan Sabree, Catherine Meade, and Joseph Frazier, Appellants * {Substitution Pursuant to Clerk's Order dated 3/28/03 and F.R.A.P. Rule 43(c)}

United States Court of Appeals, Third Circuit.

Filed May 11, 2004.

Attorney(s) appearing for the Case

Stephen F. Gold, (Argued), Philadelphia, PA and Ilene W. Shane, Disabilities Law Project, Philadelphia, PA, for Appellants.

Doris M. Leisch, (Argued), Commonwealth of Pennsylvania, Department of Public Welfare, Philadelphia, PA and John A. Kane, Commonwealth of Pennsylvania, Office of Legal Counsel, Department of Public Welfare, Harrisburg, PA, for Appellees.

Sarah Somers, Jane Perkins, National Health Law Program, Chapel Hill, NC, for Amicus-Appellants.

Before ALITO, BARRY, and AMBRO, Circuit Judges.

OPINION OF THE COURT

BARRY, Circuit Judge.

I. INTRODUCTION

When Congress offers money to the states, it often imposes conditions on acceptance. States welcome federal funding to help underwrite many of the core services they provide to their citizens. Education, healthcare, and public safety, to name a few, while typically state concerns, are usually funded in part by federal dollars that come with strings attached. This case...

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