Tuesday, June 13, 2006

9th Circuit Permits Religious Health Care Providers To Intervene In Weldon Amendment Challenge

In State of California v. United States, (9th Cir., 2006), the U.S. 9th Circuit Court of Appeals has permitted the Alliance for Catholic Health Care, the American Association of Pro-Life Obstetricians and Gynecologists, the Christian Medical Association and the Fellowship of Christian Physician Assistants to intervene in a case challenging the constitutionality of the Weldon Amendment-- a federal provision preventing federal, state and local governments from receiving certain federal funds if they discriminate against health care providers that refuse to provide, pay for, provide coverage for or refer for abortions. California sued to challenge the constitutionality of the Weldon Amendment because arguably its law requiring emergency health care providers to furnish medical services for any condition posing a threat to life or a threat of serious injury or illness would cause California to lose federal funds. Finding that the United States will not adequately represent the intervenors' position, the Court of Appeals reversed the district court and ordered that the intervenors be made parties defendant.

Today's Sacramento dBusiness News reports on a statement issued by the Alliance of Catholic Health Care praising the court's decision.