Harris v. Mcrae

448 U.S. 297 (1980)

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Nature Of The Case

This section contains the nature of the case and procedural background.

Facts

Under the Hyde Amendment, abortions cannot be subsidized with federal Medicaid funds unless a full-term fetus places the life of the mother in danger or the pregnancy resulted from a documented rape or incest. The Appellees assert that the Hyde Amendment is unconstitutional because it: 1) takes away a woman's right to choose to terminate a pregnancy in violation of the Due Process Clause; 2) interferes with the establishment of religion in violation of the Establishment Clause under the First Amendment; and 3) impedes one's right to freedom of religion protected by the Free Exercise Clause under the First Amendment. The District Court held that the Hyde Amendment was unconstitutional. The U.S. Supreme Court reversed.

Issues

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Holding & Decision

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Legal Analysis

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