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Reply #32: The SCOTUS decision Harris v. McRae [View All]

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Motown_Johnny Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-10-09 02:07 PM
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32. The SCOTUS decision Harris v. McRae
http://www.oyez.org/cases/1970-1979/1979/1979_79_1268



*snip*




Question:
Did the Hyde Amendment violate the right to privacy, the Due Process Clause of the Fifth Amendment, or the Religion Clauses of the First Amendment?

Conclusion:
No. The Court held that states participating in the Medicaid program were not obligated to fund medically necessary abortions under Title XIX. The Court found that a woman's freedom of choice did not carry with it "a constitutional entitlement to the financial resources to avail herself of the full range of protected choices." The Court ruled that because the Equal Protection Clause was not a source of substantive rights and because poverty did not qualify as a "suspect classification," the Hyde Amendment did not violate the Fifth Amendment. Finally, the Court held that the coincidence of the funding restrictions of the statute with tenets of the Roman Catholic Church did not constitute an establishment of religion.







I agree with what you are saying.... Unfortunately the Supreme Court has ruled against us.

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