United States Ninth Circuit

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Planned Parenthood Arizona Inc. v. Betlach, 12-17558

In an action challenging an Arizona statute that bars patients eligible for the state's Medicaid program from obtaining covered family planning services through health care providers who perform abortions in cases other than medical necessity, rape, or incest, the district court's summary judgment and permanent injunction in favor of plaintiffs are affirmed, where: 1) the Medicaid Act's free-choice-of provider requirement confers a private right of action under 42 U.S.C. section 1983; and 2) the Arizona statute contravenes the Medicaid Act's requirement that states give Medicaid recipients a free choice of qualified provider.

Appellate Information

  • Decided 08/22/2013
  • Published 08/22/2013

Judges

  • BERZON

Court

  • United States Ninth Circuit

Counsel