In the case of Harris v. McRae, the United States Supreme Court ruled in 1980 that a federal funding restriction known as the Hyde Amendment did not violate either the Fifth Amendment or any other constitutional rights of women seeking abortions. The Hyde Amendment prohibited using Medicaid funds for abortion services except when necessary to save a woman's life or in cases of rape and incest. A group led by Cora McRae challenged this amendment, arguing it violated their First, Fourth, Fifth and Ninth Amendments rights. However, on June 30th 1980, with a vote split at 5-4 majority decision held that while women have right to choose an abortion under privacy clause in Fourteenth amendment (as established earlier by Roe v Wade), government is not obligated to provide resources for this purpose; thus upholding constitutionality of Hyde Amendment.

In the dissenting opinion for Harris v. McRae, Justice William J. Brennan Jr., joined by Justices Thurgood Marshall and Harry Blackmun, argued that the Hyde Amendment violated both the First and Fifth Amendments of the Constitution. They contended that it was a violation of religious freedom as it imposed a particular belief about when life begins on women who may not share this view. Additionally, they asserted that it discriminated against poor women by denying them medically necessary services simply because they could not afford to pay for them privately. The justices also disagreed with majority's interpretation of Roe v Wade; instead arguing that Roe established a woman’s right to choose an abortion free from undue interference by government throughout pregnancy rather than just until viability is reached.