Harris v. McRae

Media Items
Harris v. McRae - Oral Argument
Get Adobe Flash Player
Advocates
Rhonda Copelon (Argued the cause for the appellees)
Wade H. McCree (Argued the cause for the appellant)
Case Basics
Docket No.: 
79-1268
Appellee: 
McRae
Appellant: 
Harris
Decided By: 
Burger Court (1975-1981)
Opinion: 
448 U.S. 297 (1980)
Categories: 
abortion, fifth amendment, freedom of religion, due process, social security
Location No location information present.

Cite this page
The Oyez Project, Harris v. McRae , 448 U.S. 297 (1980)
available at: (http://oyez.org/cases/1970-1979/1979/1979_79_1268)
Facts of the Case: 

In 1965, Congress established the Medicaid program, via Title XIX of the Social Security Act, to provide federal financial assistance to states that chose to reimburse certain costs of medical treatment for needy persons. Beginning in 1976, Congress passed a number of versions of the "Hyde Amendment" that severely limited the use of federal funds to reimburse the cost of abortions under the Medicaid program. Cora McRae, a pregnant Medicaid recipient, challenged the Amendment and took action against Patricia R. Harris, Secretary of Health and Human Services.

Question: 

Did the Hyde Amendment violate the right to privacy, the Due Process Clause of the Fifth Amendment, or the Religion Clauses of the First Amendment?

Conclusion: 

No. The Court held that states participating in the Medicaid program were not obligated to fund medically necessary abortions under Title XIX. The Court found that a woman's freedom of choice did not carry with it "a constitutional entitlement to the financial resources to avail herself of the full range of protected choices." The Court ruled that because the Equal Protection Clause was not a source of substantive rights and because poverty did not qualify as a "suspect classification," the Hyde Amendment did not violate the Fifth Amendment. Finally, the Court held that the coincidence of the funding restrictions of the statute with tenets of the Roman Catholic Church did not constitute an establishment of religion.

Decisions

Decision: 5 votes for Harris, 4 vote(s) against
Legal provision: Medicaid--provisions of the Social Security Act

Sort by Ideology

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

Full Opinion by Justice Potter Stewart

Timeplots Affiliate

Timeplots.com: A Visual History of the Supreme Court