· 2/3/1999
Planned Parenthood of Mid-Missouri & Eastern Kansas, Inc. v. Dempsey
Citations
- 167 F.3d 458
- 1999 U.S. App. LEXIS 1508
- 1999 WL 47674
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that a Planned Parenthood affiliate’s right to perform abortions “is derived directly from women’s constitutional right to choose abortion”
- “[F]unding classifications that interfere with the exercise of constitutional rights must be necessary to promote a compelling interest.” (internal quotations and citations omitted)
- “Any constitutional right of clinics to provide abortion services . . . is derived directly from women’s constitutional right to choose abortion.”
- “We interpret statutes to avoid serious constitutional problems, so long as the statutory language is fairly susceptible to a constitutional construction.”
- “[The statute] allows Planned Parenthood to qualify for family-planning funds by establishing an independent affiliate to perform its abortion services. Accordingly, it does not fall within the traditional meaning of legislative punishment.” (emphasis added)
- the statute “would cross the line established in Rust, League of Women Voters, and Regan, and hence would be an unconstitutional condition, if we interpreted it to prohibit grantees from having any affiliation with abortion service providers”
Source: CourtListener parenthetical corpus (CC0).
Judges: Wollman, Bright, Hansen
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.