PLANNED PARENTHOOD ARIZONA INCORPORATED; Unknown Parties, named as Jane Doe # 1, Jane Doe # 2, and Jane Doe # 3; Eric Reuss, M.D., Plaintiffs-Appellees,
v.
Tom BETLACH, Director, Arizona Health Care Cost Containment System; Tom Horne, Attorney General, Defendants-Appellants.
Planned Parenthood Arizona Incorporated; Unknown Parties, named as Jane Doe # 1, Jane Doe # 2, and Jane Doe # 3; Eric Reuss, M.D., Plaintiffs-Appellees,
v.
Tom Betlach, Director, Arizona Health Care Cost Containment System; Tom Horne, Attorney General, Defendants-Appellants.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted June 12, 2013.
Filed August 22, 2013.
Attorney(s) appearing for the Case
Logan Johnston , Johnston Law Offices, PLC, Phoenix, AZ, for Defendant-Appellant Tom Betlach.
Denise Mary Burke , Americans United for Life, Washington, D.C., for Amicus Curiae 29 Arizona Senators, Representatives, and Representatives-Elect.
Lawrence John Joseph , Law Office of Lawrence J. Joseph, Washington, D.C., for Amicus Curiae Eagle Forum Education & Legal Defense Fund.
Alisa Beth Klein and Mark B. Stern , Appellate Staff, United States Department of Justice, Civil Division, Washington, D.C., for Amicus Curiae United States of America.
Before: MARSHA S. BERZON and JAY S. BYBEE, Circuit Judges, and CONSUELO B. MARSHALL, Senior District Judge.
United States Court of Appeals, Ninth Circuit.
OPINION
BERZON, Circuit Judge:
An Arizona statute bars patients eligible for the state's Medicaid program from obtaining covered family planning services through health care providers who perform abortions in cases other than medical necessity, rape, or incest. See Ariz.Rev. Stat. § 35-196.05(B). Such abortions are already ineligible for Medicaid coverage and so must be paid for with private funds. The Arizona law extends the ineligibility to...
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