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BEAL v. DOE

No. 75-554.

432 U.S. 438 (1977)

97 S.Ct. 2366

53 L.Ed.2d 464

BEAL, SECRETARY, DEPARTMENT OF PUBLIC WELFARE OF PENNSYLVANIA, ET AL. v. DOE ET AL.

Supreme Court of United States.

Decided June 20, 1977.

Attorney(s) appearing for the Case

Norman J. Watkins, Deputy Attorney General of Pennsylvania, argued the cause for petitioners. With him on the briefs were Robert P. Kane, Attorney General, and J. Justin Blewitt, Jr., Deputy Attorney General.

Judd F. Crosby argued the cause and filed a brief for respondents.*

MR. JUSTICE POWELL delivered the opinion of the Court.

The issue in this case is whether Title XIX of the Social Security Act, as added, 79 Stat. 343, and amended, 42 U. S. C. § 1396 et seq. (1970 ed. and Supp. V), requires States that participate in the Medical Assistance (Medicaid) program to fund the cost of nontherapeutic abortions.

I

Title XIX establishes the Medicaid program under which...

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