Maher involved a failure to fund non-therapeutic abortions.
This case withholds funding of certain medically necessary
Hyde affects the interest of woman protecting her health during
This interest lies at the core of the personal constitutional
freedom recognized in Roe.
- A womans choice does not carry constitutional entitlement.
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
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
The case involves women who are confronted with a choice between
serious health damage to themselves or abortion.
Roe held a State cannot constitutionally prohibit an abortion
that is necessary to preserve the mothers health.
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.