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eBook details

• Title: Urbish V. Lamm
• Author : Colorado Supreme Court
• Release Date : January 12, 1988
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 59 KB

Description

This appeal presents questions concerning the constitutionality of sections 26-4-105.5 and 26-15-104.5, 11 C.R.S. (1987 Supp.), and Rule 8.733, 10 C.C.R. 2505-10 (1985), which permit public funds to be used to pay for abortions that are necessary to prevent the death of a pregnant woman when every reasonable effort has been made to preserve the lives of both the woman and the unborn child. A number of individuals brought an action in Denver District Court, seeking a declaration that the statutes and the rule violate Article V, Section 50, of the Colorado Constitution, which  prohibits the use of public funds for abortions except in narrowly limited circumstances. The district court upheld the statutes and the rule against the constitutional challenge and also rejected the plaintiffs' arguments that there was no statutory authority for the rule and that it was void for want of a sufficient fiscal impact statement. The plaintiffs appealed directly to this court because the constitutionality of a statute is in question. See § 13-4-102(1)(b), 6A C.R.S. (1987). We affirm in part and reverse in part.

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