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PLANNED PARENTHOOD OF MISSOULA INC. v. BLOUKE

No. CV-94-028-GF.

858 F.Supp. 137 (1994)

PLANNED PARENTHOOD OF MISSOULA INC. and Intermountain Planned Parenthood, Inc., on behalf of themselves and the Medicaid-eligible women of the State of Montana to whom they provide health care, Plaintiffs, v. Peter S. BLOUKE, Director of the Montana Department of Social and Rehabilitation Services, in his official capacity, and Marc F. Racicot, Governor of the State of Montana, in his official capacity, Defendants.

United States District Court, D. Montana, Great Falls Division.

July 19, 1994.

Attorney(s) appearing for the Case

Joel E. Guthals, Wright, Tolliver & Guthals, PC, Billings, MT, Robert J. Phillips, Phillips & Williams, Missoula, MT, Roger K. Evans, Planned Parenthood Federation of America, New York City, for plaintiffs.

Russell E. Cater, Montana Dept. of Social & Rehabilitation Services, Helena, MT, for defendants.

MEMORANDUM AND ORDER

HATFIELD, Chief Judge.

The issue presented in this action for declaratory and injunctive relief is whether the State of Montana, as a participant in the Medicaid program established under Title XIX of the Social Security Act (42 U.S.C. §§ 1396 et seq.), must fund the costs associated with non-therapeutic abortions terminating pregnancies resulting from an act of rape or incest.1

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