SPIERING v. HEINEMAN

No. 4:04CV3385.

448 F.Supp.2d 1129 (2006)

Louise SPIERING and Ray Spiering, husband and wife, Plaintiffs, v. Governor Dave HEINEMAN, in his individual capacity and official capacity as Governor of the State of Nebraska, Attorney General Jon Bruning, in his individual capacity and official capacity as Attorney General of the State of Nebraska, Nancy Montanez, in her individual capacity and official capacity as Director of the Nebraska Department of Health and Human Services, Richard Raymond, M.D., in his individual capacity and official capacity as Director of the Nebraska Department of Health and Human Services Department of Regulation and Licensure, and Julie Miller, in her individual capacity and official capacity as Coordinator of the Nebraska Department of Health and Human Services Newborn Screening Program, Defendants.

United States District Court, D. Nebraska.

September 12, 2006.


Attorney(s) appearing for the Case

Amy A. Miller, American Civil Liberties Union Foundation of Nebraska, James L. Beckmann, V. Gene Summerlin, Jr., Ogborn, Summerlin Law Firm, Lincoln, NE, for Plaintiffs.

David D. Babcock, Michael J. Rumbaugh, Roger S. Brink, Nebraska Health and Human Services, Lincoln, NE, for Defendants.


MEMORANDUM AND ORDER

KOPF, District Judge.

Loving parents want to delay the statemandated testing of their newly born infants for metabolic diseases because of their sincere religious beliefs and because of their equally sincere and related concern for the health of their children. Just as committed to the well-being of newborns, the State of Nebraska refuses to accommodate the family. Nebraska fervently believes that such an accommodation would harm children...

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