discussed Cited "see" Beal v. Doe (2×) Since the Court should “first ascertain whether a construction of the statute is fairly possible by which the [constitutional] question may be avoided,” Ashwander v. TV A, 297 U. S. 288, 341, 348 (1936) (Brandéis, J., concurring); see Westby v. Doe, 420 U. S. 968 (1975), Title XIX, in my view, read fairly in light of the principle of avoidance of unnecessary constitutional decisions, requires agreement with the Court of Appeals that the legislative history of Title XIX and our abortion cases compel the conclusion that elective abortions constitute medically necessary treatment for the con…