Roe v. Norton’s Empirical Analysis

Citation profile

11 federal appellate · 4 district · 1 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““only as a limitation on persons eligible for Medicaid payments. * * * [T]he assistance to be made available to those who are eligible is always described simply as ‘medical assistance’ without the adjective ‘necessary’. See, e. g., 42 U.S.C. §§ 1396 , 1396a(a), 1396a(a)(10). In particular, the detailed statutory definition of ‘medical assistance,’ 42 U.S.C. § 1396d, contains no reference to medical necessity * * *”

   2 later decisions quote this exact passage · from the majority
   e.g. Roe v. Norton · Doe v. Beal

2. “The doctors were acting well within their field of expertise in concluding that in neither case did the plaintiff’s physical or psychiatric health require an abortion as an alternative to childbirth. But whether that circumstance excludes these abortions from the coverage of a federal statute is a question of law, not of medicine. There is nothing in the text or legislative history of the statute to suggest that when a patient’s condition requires medical attention, each alternative form of medical service that might be rendered must be deemed to be necessary to qualify for federal reimbursement. Such a notion would be contrary to the basic philosophy of both the Medicare and Medicaid provisions, which emphasizes the wide discretion to be accorded physicians in treating their patients. [W]hen a patient’s condition does require some medical attention, the choice of service to be rendered should normally be a matter between doctor and patient, and the service they select is eligible for payment, so long as it is an accepted medical procedure, and does not involve costs that are excessive compared to adequate alternatives. Roe v. Norton, supra, 380 F.Supp. at 729 .”

   1 later decision quote this exact passage · from the majority
   e.g. 406 F. Supp. 1072 - Coe v. Hooker

3. “medical care, or any other type of remedial care recognized under State law, furnished by licensed practitioners within the scope of their practice as defined by State law; .”

   1 later decision quote this exact passage · from the majority
   e.g. 406 F. Supp. 1072 - Coe v. Hooker