Harris v. McRae
Encyclopedia
Harris v. McRae, 448 U.S. 297
(1980), 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
.
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.
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. 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 injoin enforcement of the Amendment's restrictions. 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. 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.
delivered the opinion of the Court, in which Chief Justice Burger
, Justice White
, Justice Powell
, and Justice Rehnquist
joined. Justice White wrote an opinion concurring the judgment. Justice Brennan wrote a dissent, in which Justice Marshall
and Justice Blackmun
joined. Justice Marshall and Justice Blackmun also authored separate dissents, as did Justice Stevens
.
The Court held that states participating in the Medicaid program were not obligated to fund medically necessary abortions under Title XIX. The Court found that a woman's freedom of choice did not carry with it "a constitutional entitlement to the financial resources to avail herself of the full range of protected choices." The Court ruled that because the Equal Protection Clause was not a source of substantive rights and because poverty did not qualify as a "suspect classification," the Hyde Amendment did not violate the Fifth Amendment. Finally, the Court held that the coincidence of the funding restrictions of the statute with tenets of the Roman Catholic Church did not constitute an establishment of religion.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(1980), was a case in which the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
held that States that participated in Medicaid
Medicaid
Medicaid is the United States health program for certain people and families with low incomes and resources. It is a means-tested program that is jointly funded by the state and federal governments, and is managed by the states. People served by Medicaid are U.S. citizens or legal permanent...
were not required to fund medically necessary abortions for which federal reimbursement was unavailable as a result of the Hyde Amendment
Hyde Amendment
In U.S. politics, the Hyde Amendment is a legislative provision barring the use of certain federal funds to pay for abortions. It is not a permanent law, rather it is a "rider" that, in various forms, has been routinely attached to annual appropriations bills since 1976...
, 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
Fifth Amendment to the United States Constitution
The Fifth Amendment to the United States Constitution, which is part of the Bill of Rights, protects against abuse of government authority in a legal procedure. Its guarantees stem from English common law which traces back to the Magna Carta in 1215...
or the Establishment Clause
Establishment Clause of the First Amendment
The Establishment Clause is the first of several pronouncements in the First Amendment to the United States Constitution, stating, Together with the Free Exercise Clause The Establishment Clause is the first of several pronouncements in the First Amendment to the United States Constitution,...
of the First Amendment
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
.
Background
In 1965 Congress amended Title XIX of the Social Security Act to create the MedicaidMedicaid
Medicaid is the United States health program for certain people and families with low incomes and resources. It is a means-tested program that is jointly funded by the state and federal governments, and is managed by the states. People served by Medicaid are U.S. citizens or legal permanent...
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.
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. 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
Hyde Amendment
In U.S. politics, the Hyde Amendment is a legislative provision barring the use of certain federal funds to pay for abortions. It is not a permanent law, rather it is a "rider" that, in various forms, has been routinely attached to annual appropriations bills since 1976...
, named for the measure's original sponsor, Illinois Congressman Henry Hyde
Henry Hyde
Henry John Hyde , an American politician, was a Republican member of the United States House of Representatives from 1975 to 2007, representing the 6th District of Illinois, an area of Chicago's northwestern suburbs which included O'Hare International Airport...
. 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
United States District Court for the Eastern District of New York
The United States District Court for the Eastern District of New York is the federal district court whose jurisdiction comprises the entirety of Long Island and Staten Island...
seeking to injoin enforcement of the Amendment's restrictions. Plaintiffs were Cora McRae, a New York Medicaid recipient then in the first trimester of a pregnancy
Pregnancy
Pregnancy refers to the fertilization and development of one or more offspring, known as a fetus or embryo, in a woman's uterus. In a pregnancy, there can be multiple gestations, as in the case of twins or triplets...
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. McRae sought to bring the action as a class action
Class action
In law, a class action, a class suit, or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued...
, on behalf of other similarly situated women. The district court granted the class certification motion, and also permitted Senators James Buckley
James Buckley
James Buckley may refer to:* James Buckley , English actor who stars in The Inbetweeners* James Buckley , Roman Catholic bishop of Geras...
and Jesse Helms
Jesse Helms
Jesse Alexander Helms, Jr. was a five-term Republican United States Senator from North Carolina who served as chairman of the Senate Foreign Relations Committee from 1995 to 2001...
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.
Supreme Court decision
Justice StewartPotter Stewart
Potter Stewart was an Associate Justice of the United States Supreme Court. During his tenure, he made, among other areas, major contributions to criminal justice reform, civil rights, access to the courts, and Fourth Amendment jurisprudence.-Education:Stewart was born in Jackson, Michigan,...
delivered the opinion of the Court, in which Chief Justice Burger
Warren E. Burger
Warren Earl Burger was the 15th Chief Justice of the United States from 1969 to 1986. Although Burger had conservative leanings, the U.S...
, Justice White
Byron White
Byron Raymond "Whizzer" White won fame both as a football halfback and as an associate justice of the Supreme Court of the United States. Appointed to the court by President John F. Kennedy in 1962, he served until his retirement in 1993...
, Justice Powell
Lewis Franklin Powell, Jr.
Lewis Franklin Powell, Jr. was an Associate Justice of the Supreme Court of the United States. He developed a reputation as a judicial moderate, and was known as a master of compromise and consensus-building. He was also widely well regarded by contemporaries due to his personal good manners and...
, and Justice Rehnquist
William Rehnquist
William Hubbs Rehnquist was an American lawyer, jurist, and political figure who served as an Associate Justice on the Supreme Court of the United States and later as the 16th Chief Justice of the United States...
joined. Justice White wrote an opinion concurring the judgment. Justice Brennan wrote a dissent, in which Justice Marshall
Thurgood Marshall
Thurgood Marshall was an Associate Justice of the United States Supreme Court, serving from October 1967 until October 1991...
and Justice Blackmun
Harry Blackmun
Harold Andrew Blackmun was an Associate Justice of the Supreme Court of the United States from 1970 until 1994. He is best known as the author of Roe v. Wade.- Early years and professional career :...
joined. Justice Marshall and Justice Blackmun also authored separate dissents, as did Justice Stevens
John Paul Stevens
John Paul Stevens served as an Associate Justice of the Supreme Court of the United States from December 19, 1975 until his retirement on June 29, 2010. At the time of his retirement, he was the oldest member of the Court and the third-longest serving justice in the Court's history...
.
The Court held that states participating in the Medicaid program were not obligated to fund medically necessary abortions under Title XIX. The Court found that a woman's freedom of choice did not carry with it "a constitutional entitlement to the financial resources to avail herself of the full range of protected choices." The Court ruled that because the Equal Protection Clause was not a source of substantive rights and because poverty did not qualify as a "suspect classification," the Hyde Amendment did not violate the Fifth Amendment. Finally, the Court held that the coincidence of the funding restrictions of the statute with tenets of the Roman Catholic Church did not constitute an establishment of religion.