|
''Harris v. McRae'', 448 U.S. 297 (1980),〔(448 U.S. 297 ) Full text of the opinion courtesy of Findlaw.com.〕 was a case in which the Supreme Court of the United States held that States that participated in Medicaid were not required to fund medically necessary abortions for which federal reimbursement was unavailable as a result of the Hyde Amendment, which restricted the use of federal funds for abortion. The Court also held that the funding restrictions of the Hyde Amendment did not violate either the Fifth Amendment or the Establishment Clause of the First Amendment. == Background == In 1965 Congress amended Title XIX of the Social Security Act to create the Medicaid program. Medicaid is a voluntary program which provides federal funds to those states that choose to provide reimbursement for certain medical expenses for the indigent.〔448 U.S. at 301〕 In September, 1976, Congress began, either by amendment to the annual appropriations bill for the Department of Health, Education, and Welfare or by joint resolution, to ban the use of federal funds to reimburse the cost of abortions under Medicaid.〔448 U.S. at 302〕 Initially, the only exception was where the life of the mother would be endangered if the fetus were carried to term. These restrictions became known as the Hyde Amendment, named for the measure's original sponsor, Illinois Congressman Henry Hyde. The language of the 1980 Hyde Amendment provided, In 1976, following passage of the original Hyde Amendment, an action was brought in the United States District Court for the Eastern District of New York seeking to enjoin enforcement of the Amendment's restrictions.〔McRae v. Mathews, 421 F. Supp. 533 (E.D.N.Y. 1976)〕 Plaintiffs were Cora McRae, a New York Medicaid recipient then in the first trimester of a pregnancy that she wished to abort, the New York City Health and Hospitals Corp., which operated hospitals providing abortion services, officers of the Women's Division of the Board of Global Ministries of the United Methodist Church, and the Women's Division itself.〔448 U.S. at 303〕 McRae sought to bring the action as a class action, on behalf of other similarly situated women.〔 The district court granted the class certification motion, and also permitted Senators James Buckley and Jesse Helms and Congressman Hyde to intervene as defendants.〔 The district court granted the injunction on January 15, 1980, finding that the Hyde Amendments violated the Fifth Amendment's Due Process clause and the First Amendment's Establishment clause.〔McRae v. Califano, 491 F. Supp. 630〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Harris v. McRae」の詳細全文を読む スポンサード リンク
|