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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: 43793

Reported Deaths: 673
CountyConfirmedDeaths
Multnomah9502166
Marion6024109
Washington599178
Umatilla343545
Clackamas326766
Lane246727
Malheur194938
Jackson17967
Deschutes118513
Yamhill101315
Linn84515
Polk66815
Jefferson60710
Morrow5517
Lincoln51813
Union4842
Benton4636
Klamath4223
Douglas3688
Wasco34916
Hood River2841
Columbia2711
Josephine2703
Coos2601
Clatsop2480
Baker1403
Crook1132
Tillamook740
Curry581
Wallowa492
Lake430
Harney350
Sherman200
Grant120
Gilliam110
Wheeler10
Unassigned00

California Coronavirus Cases

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Confirmed Cases: 923648

Reported Deaths: 17559
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Los Angeles3050707044
Riverside675521306
San Bernardino641311073
Orange594421468
San Diego55898885
Kern34114420
Fresno31195439
Sacramento25882499
Santa Clara24665404
Alameda23636463
San Joaquin21988492
Contra Costa18877243
Stanislaus17814400
Tulare17730291
Ventura14409166
Imperial13023338
San Francisco12277145
Monterey1153892
San Mateo11278159
Santa Barbara9886126
Sonoma9601136
Merced9588155
Kings848683
Solano758676
Marin7107127
Madera506676
Placer429059
San Luis Obispo424032
Yolo325060
Butte313453
Santa Cruz284825
Shasta199931
Napa199816
Sutter188912
San Benito144915
El Dorado13684
Yuba133810
Mendocino115421
Tehama9219
Lassen7711
Lake70216
Glenn6793
Nevada6328
Humboldt56910
Colusa5536
Calaveras34721
Amador33716
Tuolumne2855
Inyo24015
Siskiyou2140
Mono1822
Del Norte1801
Mariposa812
Plumas760
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