Rank

Petitioners, a coalition of organizations, health care providers, and taxpayers who represent the interests of indigent women, have filed a petition seeking to compel respondents State Controller Kenneth Cory, State Treasurer Jesse M. Unruh, and Director of the State Department of Health Services Peter Rank to refrain from enforcing those provisions of items 4260-101-001 and 4260-105-001 of the Budget Act of 1983 which limit funding of abortions sought by Medi-Cal recipients. In addition, “certain elected representatives of the People of the State of California, who constitute a majority of the California State Legislature,” have entered the action as amici curiae.

Respondent Cory concedes that the abortion funding restrictions in the 1983 Budget Act are “virtually identical” to those in the Budget Acts of 1979 and 1980, declared invalid in Committee to Defend Reproductive Rights v. Myers (1981) 29 Cal.3d 252 [ 172 Cal.Rptr. 866 , 625 P.2d 779 ]; in the Budget Act of 1981, declared invalid in Committee to Defend Reproductive Rights v. Cory (1982) 132 Cal.App.3d 852 [ 183 Cal.Rptr. 475 ] i and in the Budget Act of 1982, declared invalid in Committee to Defend Reproductive…