Victory: Federal Court Dismisses Challenge to Hyde-Weldon Amendment

by Mailee Smith on March 19, 2008

On March 18, the Northern District of California dismissed the State’s challenge to the federal Hyde-Weldon Amendment. In the case State of California v. United States, the court granted summary judgment to the federal government.

The Hyde-Weldon Amendment prohibits federal funds from being used by any state or local government that forces healthcare providers to provide, refer, or pay for abortions.

While this decision is a victory for the pro-life movement, the court only dismissed the case as not “ripe” for review—it did not decide the constitutionality of the Hyde-Weldon Amendment. The State of California plans to appeal to the Ninth Circuit.

AUL has been and continues to be involved with this and similar issues, including filing an amicus brief in a similar case in the federal district court for the District of Columbia. That district court also dismissed a challenge to the Hyde-Weldon amendment.

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