PLANNED PARENTHOOD OF ALASKA, INC. v PERDUE


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Keywords & Phrases

CourtCode: SU, CourtName: Superior Court, District: Third, JudgeName: Sen Tan, Plaintiff: PLANNED PARENTHOOD OF ALASKA, INC., State: AK Alaska, UniqueCaseRef: AK>SU>76, Alaska, Abortion, Constitution, Funding, Health, Reproductive Choice, Summary Judgment, Regulation, Indigent, Exercise, Incest, Pregnancies, Rape, Social Services, Planned Parenthood, Whitefield, Grm, Susan Lemagie, Memorandum, Aac, Legislature, Interference, Public Funding, Medically Therapeutic Abortions, Supreme Court, Commissioner, Karen Perdue , ContentID: 120239532

Case Documents

1999-03-16

IN THE SUPERIOR COURT FOR THE STATE OF ALASKA Iäÿ¾Xÿ¾X
[ see first page and extracted highlights below ] ItemID: 100035

11 pages
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Total Documents: 1 document , 11 pages

Price: $ 19.95

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1 . IN THE SUPERIOR COURT FOR THE STATE OF ALASKA Iäÿ¾Xÿ¾XÿÄ$

EXTRACTED KEY WORDS

ABORTION
CONSTITUTION
COURT
FUNDING
HEALTH
REPRODUCTIVE CHOICE
SUMMARY JUDGMENT
REGULATION
DEFENDANTS
INDIGENT
EXERCISE
INCEST
PLAINTIFFS
PREGNANCIES
RAPE
SOCIAL SERVICES
PLANNED PARENTHOOD
WHITEFIELD
GRM
SUSAN LEMAGIE
MEMORANDUM
AAC
LEGISLATURE
INTERFERENCE
PUBLIC FUNDING
MEDICALLY THERAPEUTIC ABORTIONS
SUPREME COURT
COMMISSIONER
KAREN PERDUE


IN THE SUPERIOR COURT FOR THE STATE OF ALASKA

THIRD JUDICIAL DISTRICT
PLANNED PARENTHOOD OF

ALASKA, INC., JAN WHITEFIELD,

M.D., and SUSAN LEMAGIE, M.D.,

Plaintiffs,

vs.

KAREN PERDUE, Commissioner,

Department of Health and

Social Services, and the

DEPARTMENT OF HEALTH AND

SOCIAL SERVICES, STATE OF

ALASKA,

Defendants.
______________________________

Case No. 3AN 98-7004 CI

MEMORANDUM AND DECISION

SNIPPETS:

IN THE SUPERIOR COURT FOR THE STATE OF ALASKA

Department of Health and

Social Services, and the

MEMORANDUM AND DECISION

This lawsuit tests the constitutionality of a regulation that limits an indigent woman's

Plaintiffs Planned Parenthood of Alaska, Jan Whitefield, M.D. and Susan Lemagie, M.D. move

The defendant, State of Alaska, in opposition cross-moves for summary judgment.

From 1970 through August 1998, under Alaska's General Relief Medical program, lower-income

In 1953, by implementation of the General Relief Medical program (GRM), Alaska established

AAC 47.210; 7 AAC 47.290.

With the elimination of the GRM program, a Medicaid-eligible Alaskan woman can no longer

the legislature actually increased the availability of funding to low-income pregnant women.

The parties have raised numerous issues regarding interpretation and application of the

2671, 65 L.Ed 784, 804, the United States Supreme Court ruled that restrictions on public

Whether this is sufficient to warrant the conclusion that a right has been infringed requires

I find that 7 AAC 43.140 constrains and interferes with a fundamental right and the

The Court, having considered the memoranda and arguments of the parties, HEREBY ORDERS that


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