STATE v. PLANNED PARENTHOOD

Supreme Court No. S-16123.

436 P.3d 984 (2019)

STATE of Alaska and the Commissioner of the Department of Health & Social Services, Appellants, v. PLANNED PARENTHOOD OF THE GREAT NORTHWEST, Appellee.

Supreme Court of Alaska.

February 15, 2019.


Attorney(s) appearing for the Case

Stuart W. Goering and Margaret Paton Walsh , Assistant Attorneys General, Anchorage, and Jahna Lindemuth , Attorney General, Juneau, for Appellants.

Susan Orlansky , Reeves Amodio LLC, Anchorage, Janet Crepps , Center for Reproductive Rights, Simpsonville, South Carolina, Autumn Katz , Center for Reproductive Rights, New York, New York, and Laura F. Einstein , Planned Parenthood of the Great Northwest, Seattle, Washington, for Appellee.

Kevin G. Clarkson , Brena, Bell, & Clarkson, P.C., Anchorage, Steven H. Aden , Alliance Defending Freedom, Washington, D.C., for Amicus Curiae Alaska Physicians for Medical Integrity. Jeffrey M. Feldman , Summit Law Group PLLC, Seattle, Washington, and Sara L. Ainsworth , Legal Voice, Seattle, Washington, for Amicus Curiae Legal Voice.

James J. Davis, Jr. , Northern Justice Project, LLC, Anchorage, and Catherine A. McKee , National Health Law Program, Carrboro, North Carolina, for Amici Curiae Northern Justice Project, LLC and The National Health Law Program.

Before: Stowers, Chief Justice, Winfree, Maassen, Bolger, and Carney, Justices.


OPINION

I. INTRODUCTION

We are again called upon to determine whether restrictions placed upon Alaska's Medicaid funding of abortions violate the Alaska Constitution. A 2014 statute and 2013 regulation re-define which abortions qualify as "medically necessary" for the purposes of Medicaid funding. The statute...

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