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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.

Cases: 387485

Reported Deaths: 5116
CountyCasesDeaths
Multnomah59768836
Washington41571393
Marion39592504
Clackamas32426376
Lane29856354
Jackson24672350
Deschutes23182185
Umatilla15087180
Linn14488178
Douglas13236286
Josephine10057240
Yamhill9665142
Klamath8979145
Polk813698
Benton605137
Malheur591586
Coos5573106
Columbia423855
Jefferson416865
Lincoln357252
Union336854
Crook330156
Wasco314846
Clatsop258335
Baker217531
Tillamook214345
Hood River211337
Morrow197025
Curry190136
Harney119332
Grant108314
Lake104016
Wallowa74713
Sherman1903
Gilliam1844
Wheeler1141
Unassigned00

California Coronavirus Cases

Data is updated nightly.

Cases: 5061240

Reported Deaths: 74159
CountyCasesDeaths
Los Angeles152548627128
San Diego4047084319
Riverside3849455306
San Bernardino3718825944
Orange3329505675
Sacramento1674002423
Kern1565171781
Fresno1558992246
Santa Clara1511691922
Alameda1246581504
San Joaquin1070001833
Ventura1036461188
Contra Costa1032921045
Stanislaus912991413
Tulare856141082
San Francisco56614669
San Mateo56058629
Monterey52340625
Solano47422356
Santa Barbara47035548
Merced44807664
Sonoma42912412
Placer41881468
Imperial38128769
Kings35038358
San Luis Obispo31294358
Madera26005311
Shasta25917440
Butte25295309
Santa Cruz22028222
Yolo21451257
Marin18342248
El Dorado18166161
Sutter14494181
Napa13372104
Yuba1070088
Tehama10230129
Humboldt10043117
Nevada9914103
Mendocino848894
Lassen792355
San Benito775977
Tuolumne767790
Lake6990110
Amador573766
Siskiyou470954
Glenn455136
Calaveras435685
Del Norte371242
Colusa323519
Inyo254345
Plumas19127
Mono18294
Mariposa156718
Trinity98817
Modoc7475
Unassigned2430
Sierra2170
Alpine1060
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