Court Says California Lacks Standing To Challenge Federal Weldon Amendment

The federal Weldon Amendment (background) denies federal funds to state and local governments if they discriminate against health care entities that refuse to provide abortions. California law requires emergency health care facilities to provide medically necessary abortions. Yesterday in State of California v. United States of America, (ND CA, March 18, 2008), a California federal district court dismissed California's constitutional challenge to the Weldon Amendment, finding that the state lacked standing and that its claim was not ripe for adjudication. The court said that there is no clear indication that California's law would constitute "discrimination" under the Weldon Amendment, so there is no indication that there is any present conflict between state and federal law. The complaint in the case had alleged that the federal law violated Congress' spending authority and infringed women's right to privacy. Today's San Francisco Chronicle reports on the court's decision.