Before the Hyde Amendment, Medicaid funded almost one-third of abortions in the United States, and after the Hyde Amendment the government funded just about none. However, another effect of the Hyde Amendment is that while federal funding was cut towards abortions, it did not bar states from taking on the issue. While the government would handle cases of rape, incest, and life endangerment to the mother, the states could decide to cover cases beyond that and fund them themselves. The government made it clear that just because they were cutting federal funding to the issue, states were not required to follow suit. However, doing so was recognizably advantageous to states. Medicaid is a joint federal and state program, and the fact that at the federal level funding had become banned, this left states to pick up the costs of funding. As a result, almost forty states cut off funding by 1979. Looking at recent statistics provided from the Henry J. Kaiser Family Foundation, today thirty-three …show more content…
The story behind the need for such shows that there has been opposition to this legislation, even on the federal level. Three years after the amendment came into effect, it was challenged. A Federal District Court judge, John F. Dooling, claimed that it violated both the first and fifth amendment rights of less fortunate women, and he demanded that funding be resumed. Other intellectuals have noted and argued that the amendment is unconstitutional, some referencing the Roe v. Wade decision in their stances, saying that the decision in the Roe case deems the amendment unconstitutional, although this has been refuted. The Supreme Court had the final say in the end, but these cases go to show that the amendment has been questioned and has faced opposition in its