Zbaraz v. Quern

572 F.2d 582
Court of Appeals for the Seventh Circuit·Decided March 15, 1978·No. No. 77-2290·Published·Cited by 20 cases

Opinion

PER CURIAM.

Appellants brought an action in the District Court for the Northern District of Illinois to enjoin enforcement of Illinois statute P.A. 80-1091, which prohibits public assistance funding of all abortions except those medically necessary for the preservation of the life of the pregnant woman. The complaint asserts that P.A. 80-1091 violates Title XIX of the Social Security Act, 42 U.S.C. §§ 1396, et seq., and the equal protection clause of the Fourteenth Amendment to the degree that it denies funding for abortions which are medically necessary for the preservation of the health of the woman seeking treatment, even though her life might not be in danger. The district judge entered an order staying the proceeding based on the abstention doctrine of Railroad Comm’n of Texas v. Pullman Co., 312 U.S. 496, 61 S.Ct. 643, 85 L.Ed. 971 (1941). We reverse and remand to the district court for consideration of appellants’ motion for a temporary restraining order and/or preliminary injunction and further proceedings.

I.

Background

On November 17, 1977 the Illinois state legislature enacted P.A. 80-1091 which prohibits

the granting of public assistance where the purpose of such aid is to obtain an abortion, induced miscarriage or induced premature birth unless, in the opinion of a physician, such procedures are necessary for the preservation of the life of the woman seeking such treatment, or except an induced premature birth intended to produce a live viable child and such procedure is necessary for the health of the mother or her unborn child.

On December 6, 1977 appellants — two doctors whose medical practices include the provision of abortions to indigent women— filed a complaint in the district court pursuant to 42 U.S.C. § 1983 claiming that the statute deprives them and their patients of their rights under Title XIX of the Social Security Act, 42 U.S.C. §§ 1396, et seq., and the Ninth and Fourteenth Amendments to the United States Constitution. The complaint seeks declaratory and injunctive relief. The statutory claim is based on the argument that although a state has a limited discretion to decide the type and extent of medical assistance to be provided under its Medicaid program, it may not exclude from coverage services which are medically necessary for the patient’s health. Appellants thus contend that Title XIX requires the funding of medically necessary abortions even if the woman’s life is not in danger. The constitutional claim is predicated on the proposition that Illinois’ decision to withdraw funding for abortions necessary for the preservation of the health of the pregnant woman, other than those where her life is in danger, while continuing to fund other types of medical procedures required for “health” rather than “life” reasons, constitutes a violation of the equal protection clause of the Fourteenth Amendment in that the difference in treatment is not based on a sufficient state interest.1

Appellants also filed a motipn for a temporary restraining order and/or preliminary injunction, in opposition to which appellee Quern — the Director of the Illinois Department of Public Aid — filed a memorandum. Before appellee’s answer to the complaint was to have been filed, the district court issued an order continuing appellants’ motion pending the institution and completion of appropriate proceedings in the Illinois state courts. In abstaining, the court reasoned that the Illinois statute, if broadly construed, could authorize reimbursement for some or all of the “medically necessary” procedures which plaintiffs contend should be reimbursed and that even a narrow interpretation would serve to “define precisely the constitutional question presented. Bellotti v. Baird, 428 U.S. 132 [, 96 S.Ct. 2857, 49 L.Ed.2d 844] (1976).” Appellants [584] argue that the district court’s decision to abstain was in error. This court has jurisdiction over the appeal pursuant to 28 U.S.C. § 1291. Drexler v. Southwest Du-Bois School Corp., 504 F.2d 836, 838 (7th Cir. 1974) (en banc); Vickers v. Trainor, 546 F.2d 739, 741 (7th Cir. 1976).

II.

Abstention

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Zbaraz v. Quern, 572 F.2d 582 (7th Cir. 1978).

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Zbaraz v. Quern
572 F.2d 582 (Seventh Circuit, 1978)