Maher v. Roe

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Oral Argument
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Advocates
Lucy V. Katz (Argued the cause for the appellees)
Edmund C. Walsh (Argued the cause for the appellant)
Case Basics
Docket No.: 
75-1440
Appellee: 
Roe
Appellant: 
Maher
Decided By: 
Burger Court (1975-1981)
Opinion: 
432 U.S. 464 (1977)
Categories: 
federalism, privacy, abortion

Cite this page
The Oyez Project, Maher v. Roe , 432 U.S. 464 (1977)
available at: (http://oyez.org/cases/1970-1979/1976/1976_75_1440)
Facts of the Case: 

In the wake of Roe v. Wade, the Connecticut Welfare Department issued regulations limiting state Medicaid benefits for first-trimester abortions to those that were "medically necessary." An indigent woman ("Susan Roe") challenged the regulations and sued Edward Maher, the Commissioner of Social Services in Connecticut.

Question: 

Did the Connecticut law violate the Equal Protection Clause of the Fourteenth Amendment?

Conclusion: 

In a 6-to-3 decision, the Court held that the Connecticut law placed no obstacles in the pregnant woman's path to an abortion, and that it did not "impinge upon the fundamental right recognized in Roe." The Court noted that there was a distinction between direct state interference with a protected activity and "state encouragement of alternative activity consonant with legislative policy." Holding that financial need alone did not identify a suspect class under the Equal Protection Clause, the Court found that the law was "rationally related" to a legitimate state interest and survived scrutiny under the Fourteenth Amendment.

Decisions

Decision: 6 votes for Maher, 3 vote(s) against
Legal provision: Equal Protection

Sort by Seniority

Wrote a dissent, joined Blackmun's dissent
Brennan
Wrote a dissent, joined Brennan's dissent, joined Blackmun's dissent
Marshall
Voted with the majority
Stevens
Voted with the majority
White
Voted with the majority
Stewart
Wrote a dissent, joined Brennan's dissent
Blackmun
Wrote the majority opinion
Powell
Wrote a regular concurrence
Burger
Voted with the majority
Rehnquist

Full Opinion by Justice Lewis F. Powell, Jr.