Harris v. McRae, 448 U.S. 297

Supreme Court of the United States

1980

Chapter

6

Title

Implied Fundamental Rights

Page

858

Topic

Substantive Due Process:  Only under certain circumstances can federal funds be used to reimburse the cost of an abortion.

Quick Notes

Since September 1976, Congress prohibited the use of any federal funds to reimburse the cost of abortions under the Medicaid program except under certain specified circumstances including the endangerment of the mother and for victims of rape or incest. This restriction is known as the Hyde Amendment.

Court - A womans choice does not carry constitutional entitlement.

o         The Due Process Clause did not confer an entitlement to funds in order to obtain an abortion or any other protected right.

Court - Summary

o         The constitutional freedoms provided for in Roe v. Wade do not extend to access to public funds.

o         The Hyde Amendment does not place a governmental obstacle in the path of a woman who chooses to terminate her pregnancy, but withholds funding in certain circumstances.

o         Furthermore, the Court states that a womans freedom of choice does not carry with it a constitutional entitlement of the financial resources to avail herself of the full range of protected resources.

o         The Hyde Amendment is also upheld as having a rational relationship to a legitimate governmental objective of protecting the potential life of the fetus.

Note

o         Maher and Harris both stand for the proposition that the government need not give assistance to women desiring to exercise their constitutional right to an abortion.

Book Name

Constitutional Law : Stone, Seidman, Sunstein, Tushnet.  ISBN:  978-0-7355-7719-0

Issue

o         Whether the states or federal government may refuse to fund medically-necessary abortions?  Yes.

Procedure

Trial

o         The district court invalidated the amendment.

Supreme

o         Reversed

o         The court held that the funding restrictions of the Hyde Amendment did not violate U.S. Const. amends. I, V.

o         The Due Process Clause did not confer an entitlement to funds in order to obtain an abortion or any other protected right.

Facts/Cases

Discussion

Key Phrases

Rules/Laws

Pl -   Harris

Df -   McRae

Description

o         Hyde Amendment prohibited the use of federal Medicaid funds to perform abortions except where the life of the mother would be endangered if the fetus were carried to terms; or except for medical procedures necessary for victims of rape or incest.

Justice Stewart

o         5-4 decision

o         Maher involved a failure to fund non-therapeutic abortions.

o         This case withholds funding of certain medically necessary abortions.

Appellees Arg

o         Hyde affects the interest of woman protecting her health during pregnancy.

o         This interest lies at the core of the personal constitutional freedom recognized in Roe.

Court - A womans choice does not carry constitutional entitlement.

o         The Due Process Clause did not confer an entitlement to funds in order to obtain an abortion or any other protected right.

Hyde Amendment - Choice is not restricted, it is just not subsidized

o         The fact remains that the Hyde Amendment leaves an indigent woman with at least the same range of choice in deciding whether to obtain a medically necessary abortion as she would have had if Congress had chosen to subsidize no health care costs at all.

DISSENT - Justice Brennan

o         The case involves women who are confronted with a choice between serious health damage to themselves or abortion.

o         Roe held a State cannot constitutionally prohibit an abortion that is necessary to preserve the mothers health.

o         Roe held that State interference is unreasonable IF it attaches a greater importance to the interest in potential life than to the interest in protecting the mothers health.

Rules

Class Notes