Hastings Law Journal


In Committee to Defend Reproductive Rights v. Myers, the California Supreme Court struck down abortion funding restrictions because they conditioned receipt of Medi-Cal benefits on the waiver of a constitutional right. This Comment reviews both federal and California decisions discussing the constitutionality of such conditions placed on public benefit programs. Observing that the federal standards used to determine the validity of restrictions produce inconsistent results, the Comment compares these standards to the California test enunciated in Bagley v. Washington Townsho Hospital District. The Comment concludes that the Bagley test offers a more flexible and responsive analysis and should be applied to determine the validity of all conditions on public benefit programs that require a waiver of constitutional rights.

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