National Education Association of Rhode Island v. J. Joseph Garrahy

First Circuit

National Education Association of Rhode Island v. J. Joseph Garrahy

779 F.2d 790, 1986 U.S. App. LEXIS 21626

CourtCourt of Appeals for the First Circuit

DecidedJanuary 2, 1986

Docket85-1157

StatusPublished

Cited by2 cases

This text of 779 F.2d 790 (National Education Association of Rhode Island v. J. Joseph Garrahy) is published on Counsel Stack Legal Research, covering Court of Appeals for the First Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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National Education Association of Rhode Island v. J. Joseph Garrahy, 779 F.2d 790, 1986 U.S. App. LEXIS 21626 (1st Cir. 1986).

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Opinion

PER CURIAM.

The only issue raised by this appeal is whether two statutes enacted by the Rhode Island General Assembly, R.I.Gen.Laws 1956, § 27-18-28, and R.I.Gen.Laws 1956, § 36-12-2.1, restricting the availability of insurance coverage in that state for the performance of induced abortions, runs contrary to the precepts of Roe v. Wade, et al., 410 U.S. 113, 93 S.Ct. 705, 35 L.Ed.2d 147 (1973), and its progeny. The district court ruled that they did and issued a permanent declaratory judgment and injunction against their enforcement. See National Educ. Ass’n of R.I. v. Garrahy, 598 F.Supp. 1374 (D.R.I.1984). After careful consideration of the briefs and record and after hearing argument, we find we are in overall agreement with the conclusions reached by the district court. Without necessarily endorsing every particular therein, we affirm substantially for the same reasons provided by the lower court in its well-reasoned opinion.

Affirmed.

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PER CURIAM.

The only issue raised by this appeal is whether two statutes enacted by the Rhode Island General Assembly, R.I.Gen.Laws 1956, § 27-18-28, and R.I.Gen.Laws 1956, § 36-12-2.1, restricting the availability of insurance coverage in that state for the performance of induced abortions, runs contrary to the precepts of Roe v. Wade, et al., 410 U.S. 113, 93 S.Ct. 705, 35 L.Ed.2d 147 (1973), and its progeny. The district court ruled that they did and issued a permanent declaratory judgment and injunction against their enforcement. See National Educ. Ass’n of R.I. v. Garrahy, 598 F.Supp. 1374 (D.R.I.1984). After careful consideration of the briefs and record and after hearing argument, we find we are in overall agreement with the conclusions reached by the district court. Without necessarily endorsing every particular therein, we affirm substantially for the same reasons provided by the lower court in its well-reasoned opinion.

Affirmed.

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Bluebook (online)

779 F.2d 790, 1986 U.S. App. LEXIS 21626, Counsel Stack Legal Research, https://law.counselstack.com/opinion/national-education-association-of-rhode-island-v-j-joseph-garrahy-ca1-1986.

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