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: 3949

Reported Deaths: 148
CountyConfirmedDeaths
Multnomah104558
Marion90925
Washington69517
Clackamas29410
Deschutes1200
Linn1159
Umatilla1123
Polk9610
Lane672
Yamhill657
Jackson600
Benton555
Clatsop450
Klamath410
Coos310
Malheur280
Josephine261
Douglas250
Jefferson240
Wasco181
Columbia160
Hood River120
Morrow120
Lincoln90
Tillamook60
Curry60
Union60
Crook50
Wallowa20
Sherman10
Grant10
Harney10
Baker10
Unassigned00

California Coronavirus Cases

Data is updated nightly.

Confirmed Cases: 96400

Reported Deaths: 3769
CountyConfirmedDeaths
Los Angeles460232116
Riverside7004292
San Diego6701249
Orange5469133
San Bernardino4365176
Alameda287493
Santa Clara2652139
San Francisco238640
Kern187129
San Mateo183376
Tulare164175
Santa Barbara155112
Fresno148222
Contra Costa133637
Sacramento130256
Imperial127423
Ventura91230
San Joaquin75233
Kings6472
Stanislaus64628
Sonoma5004
Solano45520
Monterey4138
Marin40314
Merced2616
San Luis Obispo2591
Santa Cruz2002
Yolo19422
Placer1859
Napa1013
Humboldt932
Madera842
El Dorado780
San Benito722
Nevada411
Sutter402
Del Norte370
Shasta364
Butte340
Mono341
Yuba281
Mendocino210
Inyo191
Mariposa151
Calaveras130
Lake120
Glenn120
Amador100
Siskiyou61
Colusa50
Lassen40
Plumas40
Tuolumne30
Tehama31
Alpine20
Trinity10
Sierra10
Unassigned00
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