In Doe v. USA, a unanimous Ninth Circuit panel held that the statute barring TRICARE (the civilian health and medical program for uniformed service) from providing funds for abortions except in circumstances where carrying the fetus to term would endanger the mother's life is rationally related to a legitimate governmental interest and, thus, does not violate the Equal Protection clause. The plaintiff in the case, a covered tricare benificiary, sought coverage for the termination of her pregnancy when she discovered that the fetus she was carrying was anencephalic. The court concluded that the case was controlled by the Supreme Court's decision in Harris v. McRae, 448 U.S. 297 (1980). Interestingly, in its conclusion, the court took the unusual step of "depart[ing] from [its] analysis * * * to express its deepest sympathy for the families who must face this difficult ordeal."
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