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  • Title: Hope Medical Group for Women v. Edwards.
    Author: U.S. Court of Appeals, Fifth Circuit.
    Journal: Fed Report; 1998 Sep 11; 63():418-29. PubMed ID: 11648424.
    Abstract:
    The U.S. Court of Appeals for the Fifth Circuit invalidated a Louisiana law which restricted Medicaid reimbursement for abortion to instances where the pregnancy threatened the life of the mother. Although the revised 1994 Hyde Amendment permitted federal Medicaid funding for the abortion of pregnancies resulting from rape or incest, the Fifth Circuit held that the Hyde Amendment did not require states to fund these procedures. Instead, the court relied on the purposes of Medicaid to provide health-sustaining medical care and held that Louisiana's statute impermissibly restricted a women's right to abortion where medically necessary. Louisiana was enjoined from enforcing the law to the extent it restricted Medicaid reimbursement for the medically necessary abortion of pregnancies resulting from rape or incest. The court held that the state's interest in normal childbirth is not sufficient to sustain the abortion funding restriction.
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