Harris v. McRae

Harris v. McRae
Argued April 21, 1980
Decided June 30, 1980
Full case nameHarris, Secretary of Health and Human Services v. Cora McRae, et al.
Citations448 U.S. 297 (more)
100 S. Ct. 2671; 65 L. Ed. 2d 784; 1980 U.S. LEXIS 145
Case history
PriorMcRae v. Califano, 491 F. Supp. 630 (E.D.N.Y. 1980)
SubsequentPetition for rehearing denied, 448 U.S. 917 (1980).
Holding
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. The funding restrictions of the Hyde Amendment did not violate either the Fifth Amendment or the Establishment Clause of the First Amendment.
Court membership
Chief Justice
Warren E. Burger
Associate Justices
William J. Brennan Jr. · Potter Stewart
Byron White · Thurgood Marshall
Harry Blackmun · Lewis F. Powell Jr.
William Rehnquist · John P. Stevens
Case opinions
MajorityStewart, joined by Burger, White, Powell, Rehnquist
ConcurrenceWhite
DissentBrennan, joined by Marshall, Blackmun
DissentMarshall
DissentBlackmun
DissentStevens
Laws applied
U.S. Const. amends. I, V; Hyde Amendment

Harris v. McRae, 448 U.S. 297 (1980), was a case in which the Supreme Court of the United States held that states participating in Medicaid are 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.[1] The Court also held that the funding restrictions of the Hyde Amendment did not violate the Fifth Amendment or the Establishment Clause of the First Amendment.

  1. ^ Harris v. McRae, 448 U.S. 297 (1980).

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