James Tarsney v. Michael O'Keefe

225 F.3d 929
CourtCourt of Appeals for the Eighth Circuit
DecidedSeptember 11, 2000
Docket99-2986
StatusPublished
Cited by1 cases

This text of 225 F.3d 929 (James Tarsney v. Michael O'Keefe) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
James Tarsney v. Michael O'Keefe, 225 F.3d 929 (8th Cir. 2000).

Opinions

MURPHY, Circuit Judge.

This case was brought by forty-seven individuals seeking declaratory and injunc-tive relief against the State of Minnesota, the Minnesota Department of Human Services, and Commissioner Michael O’Keefe, including enjoining them from using state funds to pay for certain abortions for low income women. State funds have been used for these abortions since the Minnesota Supreme Court overturned a state statutory scheme which authorized state spending on medical services related to childbirth but prohibited it for1 therapeutic abortions. In this case the plaintiff taxpayers allege that use of state money for abortions infringes upon the free exercise of their religion. The district court1 dismissed the case for lack of standing. The plaintiffs appeal, and several amicus briefs have been submitted in support.2 Because the appellants have not established standing, the federal court is without jurisdiction to reach the merits of the issues raised in their complaint, and we affirm its dismissal.

I.

Many issues relating to the provision of abortion services have been legislated and litigated since the Supreme Court recognized a constitutional right to abortion in Roe v. Wade, 410 U.S. 113, 93 S.Ct. 705, 35 L.Ed.2d 147 (1973), and a number have related to the use of public funds for abortions. Since September 1976, Congress has prohibited the use of federal funds to reimburse the cost of abortions under Medicaid except under certain limited circumstances. See Harris v. McRae, 448 U.S. 297, 302, 100 S.Ct. 2671, 65 L.Ed.2d 784 (1980). This federal policy is commonly known as the Hyde Amendment after its original sponsor, Representative Henry Hyde, and it is effected by means of an amendment to the annual appropriations bill for the Department of Health and Human Services or by a joint resolution. See id. The Minnesota legislature restricted state funding for abortion services in 1987 when it passed laws prohibiting two Minnesota health care programs for indigent persons (the Medical Assistance Pro[933]*933gram (MA) and the General Assistance Medical Care Program (GAMC)) from using state funds to pay for abortion services.3 See Minn.Stat. Ann. § 256B.0625, subd. 16; § 256D.03, subd. 4(j).

These Minnesota statutory restrictions on .public funding for abortions for low income women were challenged in state court by a class of individual women, several abortion providers, and an abortion funding agency. See Doe v. Gomez, 542 N.W.2d 17 (Minn.1995). The plaintiffs in Doe had alleged that the funding restrictions impermissibly infringed a woman’s right to privacy in violation of Article I, Sections 2, 7, and 10 of the Minnesota constitution, and the Minnesota Supreme Court agreed. See id. at 26, 32. The court chose not to interpret the state constitution as narrowly as the federal Constitution had been read in Harris v. McRae, 448 U.S. 297, 100 S.Ct. 2671, 65 L.Ed.2d 784 (1980), where the Supreme Court held that the Hyde restrictions on federal abortion funding did not violate any substantive rights in the federal Constitution. The Minnesota court stated that it had “long recognized that [it might] interpret the Minnesota Constitution to offer greater protection of individual rights than the U.S. Supreme Court has afforded under the federal constitution.” Doe, 542 N.W.2d at 30. The court noted that a “substantial majority” of state courts that had addressed a similar issue had construed their state constitutions to provide greater protection for individual liberty for abortion services than that provided by the United States Constitution. Id. at 28.4 Minnesota has subsequently paid for therapeutically necessary abortion services in circumstances where federal funding is unavailable because of the Hyde Amendment.

In this case the appellants seek to challenge state expenditures for abortions, as well as the validity of the Minnesota Supreme Court’s Doe decision. In their complaint they alleged standing as state taxpayers to raise several claims. They alleged that the use of state funds for abortions violates their state and federal rights to the free exercise of religion; that the appellees are unconstitutionally using public funds for private purposes; that state payment for abortion services beyond those allowed by the Hyde Amendment violates the Privileges and Immunities Clause of the federal constitution; and that Doe v. Gomez is invalid under the state and federal constitutions because of the absence of a case or controversy and that it violated the state constitution separation of powers requirement. The appellants seek a declaration that Doe is void, an injunction prohibiting the state from using public funds to pay for abortion services beyond those allowed by the Hyde Amendment, and a refund of the amount of their taxes used to fund abortion services. Most of the appellants identified themselves as members of religious [934]*934groups opposed to abortion.5 Two of them, Wayne Olhoft and Tad Jude, were identified as former Minnesota state legislators.

The state parties moved to dismiss the complaint on several grounds. They argued that the appellants had only alleged standing to bring their Free Exercise Clause claim so any other claims should be dismissed and that taxpayer standing was not available to raise a claim under the Free Exercise Clause. The appellants argued in response that they should have taxpayer standing to sue under the Free Exercise Clause just as they might raise an Establishment Clause claim. The district court concluded that the appellants lacked taxpayer standing and granted the motion to dismiss.

Appellants argue again on appeal that they have standing as state taxpayers to bring a Free Exercise Clause challenge to the use of state funds to pay for medically necessary abortions for MA- and GAMC-eligible persons. They also now contend that they have standing under the Civil Rights Act, 42 U.S.C. § 1983, and the Hyde Amendment and as state legislators. The state parties respond that state taxpayer standing is not available for Free Exercise Clause claims, that the appellants did not properly plead any alternative standing grounds, and that the suggested grounds would not confer standing here even if they had been raised.

We review a decision dismissing a complaint for lack of standing de novo, “construing the allegations of the complaint, and the reasonable inferences drawn therefrom, most favorably to the plaintiff.” Burton v. Central Interstate Low-Level Radioactive Waste Compact Comm’n, 23 F.3d 208, 209 (8th Cir.), cert. denied, 513 U.S. 951, 115 S.Ct. 366, 130 L.Ed.2d 318 (1994); see Warth v. Seldin, 422 U.S. 490, 501, 95 S.Ct. 2197, 45 L.Ed.2d 343 (1975).

II.

Standing is “the threshold question in every federal case .... ” Warth, 422 U.S. at 498, 95 S.Ct. 2197. Federal court jurisdiction is “defined and limited by Article III of the Constitution ... [and] is constitutionally restricted to ‘cases’ and ‘controversies’.” Flast v. Cohen,

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Tarsney v. O'keefe
225 F.3d 929 (Eighth Circuit, 2000)

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225 F.3d 929, Counsel Stack Legal Research, https://law.counselstack.com/opinion/james-tarsney-v-michael-okeefe-ca8-2000.