In an 8-6 decision, the court upheld an April decision denying a Trump administration motion to stay an injunction against the rule.
Judge Stephanie Thacker wrote for the majority, saying the administration, “failed to recognize and address the ethical concerns of literally every major medical organization in the country, and it arbitrarily estimated the cost” associated with the new regulations.
“Moreover, considering the time-sensitive nature of pregnancy and access to legal abortion, this attempt to hoodwink patients creates ‘unreasonable barriers’ to ‘appropriate medical care,’ and ‘impedes timely access’ to health care services.”
Due to the conflicting rulings from the 4th and 9th circuits, a resolution from the Supreme Court is likely.