Harris v. McRae

448 U.S. 297 Supreme Court 1980
The Courtavoids recognizing the undeniable fact thatIf abortion is medically necessary and a funded abortion is unavailable,poor womenwill dieTheCourt made clear that the state interest in protecting fetal life canjustify jeopardizing the life or health of themost powerless members of our society.

In 1976, an action was brought against the Hyde Amendment, a law which banned the use of federal funds to reimburse the cost of abortions under Medicaid. The Court held that states were not obligated to fund medically necessary abortions under Title XIX, even though a portion of Medicaid covers indigent persons.

The all male Supreme 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."

At odds with the Hyde Amendment, intending not force lower-income women into untenable situations in which they cannot get abortions, 15 states pay for medically necessary abortions, and one pays for abortions only when necessary to protect a woman’s life.

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