Opinion

Doe v. Beal

  • 523 F.2d 611
Court
Court of Appeals for the Third Circuit
Filed
Jul 21, 1975
Status
Published
Author
Adams
On the bench
Adams, Aldisert, Dusen, Garth, Gibbons, Hunter, Kalodner, Rosenn, Seitz
Cited by
39 cases
Authority
More cited than 18.8%

Reversed by Beal v. Doe, 432 U.S. 438 (1977)

holding Title XIX requires state funding of elective abortions

How later courts described this case

  • holding Title XIX requires state funding of elective abortions

Written by the judges who cited it.

The opinion

ADAMS, Circuit Judge

(dissenting):

I respectfully dissent from the majority. In my judgment, the Pennsylvania *636 regulations are not incompatible with the scheme of medical aid to indigents envisaged by Congress in Title XIX of the Social Security Act. In addition, I do not believe that the Pennsylvania schedule for reimbursements, that includes only medically indicated abortions, violates the Constitution. 1

These conclusions are grounded on reasons set forth in the dissenting opinion of Judge Kalodner here, and that of Judge Weis in the district court, and are based also on the various authorities referred to in those opinions.

. It would appear, however, that the Pennsylvania regulation may not be enforced insofar as it predicates eligibility for medical assistance payments on conditions that were specifically invalidated in Doe v. Bolton, 410 U.S. 179 , 93 S.ct. 739, 35 L.Ed.2d 201 (1973), namely, a concurrence of two doctors and performance of the procedure in an accredited hospital.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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