Hope v. Perales, 571 N.Y.S.2d 972 (Sup. Ct. 1991), aff'd 595 N.Y.S.2d 948 (App. Div. 1993): Expanding Medically Necessary Abortion Rights of Pregnant Indigent Women under New York and Nebraska State Constitutional Due Process Clauses
Hope v. Perales is one of the latest abortion decisions in a line of cases in which state courts have expansively interpreted their state constitutions to broaden their citizens' right of privacy beyond what is federally mandated. This Note analyzes the significance of the Hope V. Perales court's holding and the possible value of its reasoning if applied in a Nebraska court faced with the question of the constitutionality of the current Medicaid program that only funds abortions when the life of the mother is endangered. First, the Hope decision will be outlined. Second, the federal law in this area and its impact on the states will be discussed. Next, the Hope decision will be compared with the analysis in previous cases construing the due process clause of the New York Constitution. The New York and Nebraska histories in construing their state constitutions will also be examined. Finally, the Hope analysis will be applied to the Nebraska due process clause. This Note then concludes that the Hope reasoning and analysis provide Nebraska courts a prime opportunity to enlarge Nebraska citizens' privacy rights, especially those of indigent pregnant women.
Hope v. Perales, 571 N.Y.S.2d 972 (Sup. Ct. 1991), aff'd 595 N.Y.S.2d 948 (App. Div. 1993): Expanding Medically Necessary Abortion Rights of Pregnant Indigent Women under New York and Nebraska State Constitutional Due Process Clauses,
72 Neb. L. Rev.
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