Supreme Court of the United States
Beal v. Doe
June 20, 1977432 U.S. 438
Summary
The Court held that Title XIX does not require participating States to fund nontherapeutic abortions, because the statute gives States broad discretion to define the extent of medical assistance through reasonable standards consistent with Medicaid's objectives. Pennsylvania could therefore limit Medicaid funding to abortions certified as medically necessary, although the Court remanded to determine whether the requirement that two additional physicians concur in writing unlawfully interfered with the attending physician's medical judgment. Justices Marshall, Brennan, and Blackmun dissented, arguing that Title XIX requires funding elective abortions and that the restrictions violate constitutional protections.
Holding
- Whether Title XIX requires Pennsylvania to fund nontherapeutic abortions.. Title XIX does not require a participating State to fund nontherapeutic abortions. A State may limit Medicaid funding to abortions it determines to be medically necessary, so long as its standards are reasonable and consistent with the objectives of Title XIX.
- Whether Pennsylvania's requirement that two additional physicians concur in writing that an abortion is medically necessary complies with Title XIX.. The Court could not determine on the record whether the additional-physician requirement interferes with the attending physician's medical judgment in a manner not contemplated by Congress. That issue required remand.
Docket 75-554
Cited authorities
- 42 U.S.C. § 1396a
- 79 Stat. 343
- 42 U.S.C. § 1396
- 28 U.S.C. § 2281
- 42 U.S.C. §§ 1396
- 42 U.S.C. § 1396
- Pub. L. 94-439, 90