Appeals Court Upholds Trump Administration’s Abortion Referral Ban For Clinics Receiving Family-Planning Funding
Monday’s majority opinion noted that since Title X began in 1970, its rules regarding abortion referrals have seesawed back and forth, depending on the political party of the administration in power, and that the Trump administration’s rule is slightly less restrictive than a 1988 version upheld by the Supreme Court. Lower courts have deemed the rule “an arrogant assumption that the government is better suited to direct women’s health care than their providers.”
The Associated Press:
US Appeals Court Upholds Trump Rules Involving Abortions
In a victory for the Trump administration, a U.S. appeals court on Monday upheld rules that bar taxpayer-funded family-planning clinics from referring women for abortions. The 7-4 ruling by the 9th U.S. Circuit Court of Appeals overturned decisions issued by judges in Washington, Oregon and California. The court had already allowed the administration's changes to start taking effect while the government appealed those rulings. (Johnson, 2/24)
The Washington Post:
Appeals Court Upholds Trump Ban On Abortion Referrals By Family Planning Clinics
Monday’s ruling is the first substantive court decision on a move by the Department of Health and Human Services that heightened a long-brewing antagonism between social conservatives on one side and Planned Parenthood Federation of America and other family planning groups on the other. Under federal law, health-care groups were already barred from using federal funds for abortion services. The rule issued by HHS a year ago went further, forbidding health centers that provide abortions or refer patients for abortions elsewhere from receiving any money through the half-century-old family planning program — a change critics lambasted as a “gag rule.” The rule also requires health centers to erect “clear physical and financial separation” between services funded by the program and other activities. (Goldstein, 2/24)
Los Angeles Times:
U.S. Court Upholds Trump's Rule Involving Abortion Cases
Monday’s ruling was a sign of just how much the 9th Circuit has changed since President Trump replaced 10 judges, more than one third of the active jurists. Randomly drawn panels that decide challenges to Trump policies are now much more likely to have Republican majorities. “The Supreme Court has long recognized that abortion need not be treated the same as other medical procedures,” Judge Sandra S. Ikuta, appointed by President George W. Bush, wrote for the majority. (Dolan, 2/24)
The Hill:
Federal Appeals Court Sides With Trump Administration In Family Planning Case
Julie Rabinovitz, president of Essential Access Health, the largest Title X grantee in California, said Monday it is reviewing the decision and discussing the next steps. "Despite today’s ruling, the facts remain the same — the Trump regulations are unlawful and harmful and put politics over public health," she said in a statement. (Hellmann, 2/24)
Roll Call:
Appeals Court Rules In Favor Of Trump Family Planning Rule
The rule, which prevents organizations that provide or refer for abortions from winning federal funds under the program known as Title X, was finalized last year. This led to a flurry of lawsuits from states, health providers, and advocacy groups, many of which were consolidated. Most of the rule took effect in July after a three-judge panel from the U.S. Court of Appeals for the Ninth Circuit granted a stay lifting three preliminary injunctions that had blocked the rule. But a portion, which prevents Title X grantees from locating in the same facilities as abortion providers, had a delayed start date and now will take effect March 4. (Raman, 2/24)
