Nature of the Case
To access this section all you need to do is click here and register.
Facts
Two Missouri-licensed physicians, brought an action for injunctive relief and a declaration of the unconstitutionality of a Missouri statute that excludes abortions that are not 'medically indicated' from the purposes for which Medicaid benefits are available to needy persons. Each respondent averred that he had provided, and anticipated providing, abortions to needy patients, and that petitioner, the responsible state official, acting in reliance on the challenged statute, had refused all Medicaid applications filed in connection with such abortions. A three-judge District Court dismissed the relevant count of the complaint for lack of standing, having concluded that no logical nexus existed between the status asserted by respondents and the claim that they sought to have adjudicated. The Court of Appeals reversed, finding that respondents had alleged sufficient 'injury in fact' and also an interest 'arguably within the zone of interests to be protected . . . by the . . . constitutional guarantees in question.' The issue on appeal was whether the respondents have a right to file the suit to challenge the abortion statute.
Support@ bsmsphd.com
Casebriefs Co