Feminist Jurisprudence


Jane Hope and Jane Moe v. Cesar Perales

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One of the more prominent cases testing abortion rights since Roe v. Wade concerned New York State's Prenatal Care Assistance Program (PCAP).

In a class action proceeding begun in 1990, two women challenged the constitutionality of the program for not including aid for abortion for women excluded from Medicaid whose income was above the federal poverty line.

As Jane Hope wrote in her affidavit (on display), her physician told her that an abortion was necessary; she was a 19 year-old carrier of sickle cell anemia who could not afford to pay for this procedure.

After trial, the Supreme Court of New York County held the state program in violation of the state Constitution's equal protection clause for being under-inclusive. Abortion coverage must be provided for these women [571 N.Y.S.2d 972 (Sup.Ct. 1991)]. This decision was affirmed by the Appellate Division of the Supreme Court [595 N.Y.S. 2d 948 (App.Div. 1993) (per curiam)]. The Court of Appeals reversed this decision on May 5, 1994 and upheld the constitutionality of the statute which provided for the medical assistance program for prenatal care only (see Record on Appeal on display).

Lent by the New York County Clerk's Office.

 

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