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US judge in Oregon to block new Trump abortion policy

A U.S. judge in Oregon said Tuesday he intends to at least partially block a rule change by President Donald Trump's administration that could cut off federal funding for providers who refer patients for an abortion.

Posted: Apr 24, 2019 10:42 AM
Updated: Apr 24, 2019 10:52 AM

PORTLAND, Ore. (AP) — A U.S. judge in Oregon said Tuesday he intends to at least partially block a rule change by President Donald Trump's administration that could cut off federal funding for providers who refer patients for an abortion, though the scope of his decision remains to be seen.

U.S. District Judge Michael McShane made the comments after more than three hours of arguments in a lawsuit brought by 20 states and the District of Columbia, The Oregonian/OregonLive reported . The states say the rule change, due to take effect May 3, is a transparent attack on Planned Parenthood and a violation of the Affordable Care Act, which prohibits "unreasonable barriers to the ability of individuals to obtain appropriate medical care."

"At the heart of these rules is an arrogant assumption that the government is better suited to direct women's health care than their providers," Oregon Public Broadcasting quoted the judge as saying.

McShane said he needs more time to decide whether he will issue a national injunction or a more limited one blocking the policy from taking effect. The judge said he's reluctant to set national health care policy and would describe the scope of his injunction in a written opinion soon.

"We will need to see what the final ruling says," Oregon Justice Department spokeswoman Kristina Edmunson said in an email. "We are pleased with the decision."


CLICK HERE for our previous story on the Oregon Attorney General's part in fighting the new Title X policy.


Under the new policy, health care providers that receive federal funding would be barred from referring patients for an abortion. Programs that receive the money would also have to be in a separate physical space from facilities where abortion is performed.

The rule change announced early this year concerns Title X, a family planning program created in 1970 which serves roughly 4 million low-income Americans every year. Clinics that receive money under Title X provide a wide array of services, including birth control and screening for diabetes, sexually transmitted diseases and cancer.

Abortion is a legal medical procedure, but federal laws prohibit the use of taxpayer funds to pay for abortions except in cases of rape, incest, or to save the life of the woman. Religious conservatives and abortion opponents have long complained that Title X has been used to indirectly subsidize abortion providers.

"Title X grant funds are a true safety net for low income individuals and those who would not be able to access care, due to a lack of insurance or other barriers," Oregon Attorney General Ellen Rosenblum told the judge. "Put simply, this is an attempt to politicize what has been a successful, non-political public health program for 50 years."

U.S. Justice Department lawyer Andrew M. Bernie said there was nothing in the administrative record to suggest the change was politically motivated.

But the judge was not swayed. McShane suggested it would be "insane" for a man to go to his doctor seeking a vasectomy, only to be referred to a fertility clinic.

Several other lawsuits have also challenged the new policy. California and Washington have sued separately; arguments in the latter case are scheduled for Thursday in U.S. District Court in Yakima.

Oregon Coronavirus Cases

Data is updated nightly.

Confirmed Cases: 21010

Reported Deaths: 355
CountyConfirmedDeaths
Multnomah484994
Washington304725
Marion288370
Umatilla225128
Clackamas152340
Malheur76814
Deschutes59610
Lane5793
Jackson4612
Yamhill45013
Lincoln4149
Union3942
Jefferson3554
Morrow3543
Polk31312
Linn27710
Klamath2012
Wasco1893
Hood River1840
Benton1696
Douglas1501
Josephine1142
Columbia940
Coos910
Clatsop850
Crook471
Baker380
Tillamook340
Lake320
Wallowa191
Sherman160
Curry150
Harney100
Gilliam40
Grant40
Unassigned00
Wheeler00

California Coronavirus Cases

Data is updated nightly.

Confirmed Cases: 554388

Reported Deaths: 10307
CountyConfirmedDeaths
Los Angeles2067784967
Riverside40452799
Orange39076720
San Bernardino35452502
San Diego31779586
Kern22626171
Fresno17031171
Alameda13213208
San Joaquin12303211
Santa Clara11475203
Sacramento10795161
Tulare10475196
Imperial9693244
Stanislaus9566161
Contra Costa9022138
Ventura814689
San Francisco743267
Santa Barbara670469
San Mateo6110120
Marin528779
Monterey521235
Merced501264
Kings445356
Solano402940
Sonoma343147
Madera230239
Placer218620
San Luis Obispo209315
Yolo169043
Santa Cruz12386
Butte10958
Napa104610
Sutter9217
El Dorado7291
San Benito7094
Lassen6380
Yuba5884
Shasta41810
Mendocino38010
Colusa3624
Glenn3603
Nevada3221
Humboldt2824
Tehama2761
Lake2202
Amador1642
Mono1531
Tuolumne1522
Calaveras1471
Del Norte990
Siskiyou930
Inyo643
Mariposa602
Plumas340
Modoc50
Trinity50
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