Beal v. Doe

Media Items
Beal v. Doe - Oral Argument
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Beal v. Doe - Opinion Announcement
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Advocates
Judd F. Crosby (Argued the cause for the respondents)
Norman J. Watkins (Argued the cause for the petitioners)
Case Basics
Docket No.: 
75-554
Petitioner: 
Beal
Respondent: 
Doe
Decided By: 
Burger Court (1975-1981)
Opinion: 
432 U.S. 438 (1977)
Categories: 
abortion
Location No location information present.

Cite this page
The Oyez Project, Beal v. Doe , 432 U.S. 438 (1977)
available at: (http://oyez.org/cases/1970-1979/1976/1976_75_554)
Facts of the Case: 

In the wake of the Court's decision in Roe v. Wade, abortion opponents turned to state and local legislators in an effort to curb the practice of abortion. This case involved a Pennsylvania law which restricted Medicaid-funded abortions only to indigent women in situations in which a doctor determined the procedure was medically necessary.

Question: 

Did Title XIX of the Social Security Act require states that participate in the Medicaid program to fund the cost of nontherapeutic abortions?

Conclusion: 

No. The Court held that states could exclude nontherapeutic abortions from coverage under their Medicaid programs. Justice Powell argued that in its provisions, Title XIX of the Social Security Act made no specific reference to abortion nor did it require states to fund every medical procedure which could possibly fall under its umbrella. Powell made clear however that the federal statute did give states the option to fund therapeutic abortions if they chose to do so.

Decisions

Decision: 6 votes for Beal, 3 vote(s) against
Legal provision: Medicaid--provisions of the Social Security Act

Sort by Ideology

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

Full Opinion by Justice Lewis F. Powell, Jr.

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