United States Federal Circuit

Because 10 U.S.C. section 1093(a)'s ban on government funding for abortion is rationally related to the state's legitimate interest in protecting potential human life, even in cases of anencephaly, section 1093(a) does not violate the Equal Protection Clause under a rational-basis review.

Appellate Information

• Decided 06/24/2004
• Published 06/24/2004

Judges

• MICHEL, Circuit Judge., Before MICHEL, BRYSON, and PROST, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• Simon Heller,The Center for Reproductive Rights, of New York, NY, argued for plaintiff-appellee.   With him on the brief were John H. Henn, Jessica M. Silbey and Seth Nesin, Foley Hoag LLP, of Boston, Massachusetts., Gregory G. Katsas, Deputy Assistant Attorney General, Civil Division, Appellate Staff, United States Department of Justice, of Washington, DC, argued for defendant-appellant.   With him on the brief were Eric D. Miller and Robert M. Loeb, attorneys.