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Rust Vs. Sullivan
Cites for this judgment
- US Supreme Court
- May 23, 1991
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U.S. 173 (1991) U.S. Supreme Court Rust v. SullivanSearch
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U.S. 173 (1990) Rust v. SullivanSearch
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of the statute's plain language and does not otherwise conflict with Congress' expressed intent. Chevron U.S.A. Inc. v. NaturalSearch
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value judgment favoring childbirth over abortion, and implement that judgment by the allocation of public funds. Maher v. RoeSearch
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used for activities, including speech, that are outside the federal program's scope. Arkansas Writers' Project, Inc. v. RaglandSearch
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one protected right, it must subsidize analogous counterpart rights, has been soundly rejected. See, e.g., Regan v. TaxationSearch
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they merely require that such activities be kept separate and distinct from the activities of the Title X project. FCC v. LeagueSearch
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Amendment protection from Government regulation, even when subsidized by the Government, cf., e.g., United States v. KokindaSearch
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may validly choose to allocate public funds for medical services relating to childbirth but not to abortion. Webster v. ReproductiveSearch
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with the same choices as if the Government had chosen not to fund family planning services at all. See, e.g., Harris v. McRaeSearch
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doctor dialogue which violate a woman's right to make an informed and voluntary choice under Akron v. AkronSearch
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Center for Reproductive Health, Inc., 462 U.S. Page 500 U. S. 176 416, and Thornburg v. AmericanSearch
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and constitutional challenges to the regulations and granted summary judgment in favor of the Secretary. New York v. BowenSearch
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Appeals for the Second Circuit affirmed. 889 F.2d 401 (1989). Applying this Court's decision in Chevron U.S.A. Inc. v. NaturalSearch
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Id. at 410. Finding that the prohibition on the performance of abortions upheld by the Court in Webster v. ReproductiveSearch
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Ibid., citing Webster v. ReproductiveSearch
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F.2d at 412. The court explained that, under Regan v. TaxationSearch
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Massachusetts v. SullivanSearch
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Planned Parenthood Federation of America v. SullivanSearch
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New York v. SullivanSearch
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Motor Vehicle Mfrs. Assn. of United States v. StateSearch
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Automobile Ins. Co., 463 U. S. 29 , 463 U. S. 42 (1983), quoting American Trucking Assns., Inc. v. AtchinsonSearch
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NLRB v. CurtinSearch
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must be invalidated because they raise serious questions of constitutional law. They rely on Edward J. Debartolo Corp. v. FloridaSearch
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Gulf Coast Building and Construction Trades Council, 485 U. S. 568 (1988), and NLRB v. CatholicSearch
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Debartolo Corp., supra, 485 U.S. at 485 U. S. 575 (emphasis added) quoting Hooper v. CaliforniaSearch
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U. S. 648 , 155 U. S. 657 (1895). The principle enunciated in Hooper v. CaliforniaSearch
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Id. Following Hooper, supra, cases such as United States v. DelawareSearch
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and Hudson Co., 213 U. S. 366 , 213 U. S. 408 , and United States v. JinSearch
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is followed out of respect for Congress, which we assume legislates in the light of constitutional limitations. FTC v. AmericanSearch
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Moore Ice Cream Co. v. RoseSearch
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this provision. The extensive litigation regarding governmental restrictions on abortion since our decision in Roe v. WadeSearch
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Id. at 18. Relying on Regan v. TaxationSearch
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With Representation of Wash. and Arkansas Writers Project, Inc. v. RaglandSearch
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Regan, supra, 461 U.S. at 461 U. S. 548 (quoting Cammarano v. UnitedSearch
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is constitutional. In Maher v. RoeSearch
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Regan, supra, 461 U.S. at 461 U. S. 549 . See also Buckley v. ValeoSearch
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Cammarano v. UnitedSearch
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right, it must subsidize analogous counterpart rights. But the Court has soundly rejected that proposition. Regan v. TaxationSearch
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contrary to our decision in Minneapolis Star & Tribune Co. v. MinnesotaSearch
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relinquishment of a constitutional right, the right to engage in abortion advocacy and counseling. Relying on Perry v. SindermannSearch
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U. S. 593 , 408 U. S. 597 (1972), and FCC v. LeagueSearch
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the recipient from engaging in the protected conduct outside the scope of the federally funded program. In FCC v. LeagueSearch
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