March 2, 2021

Supreme Court to Hear Case Challenging Constitutionality of Protect Life Rule

photo credit: Davis Staedtler / Flickr
In February, the Supreme Court announced that it will consider a case challenging the Trump administration's 2019 Protect Life Rule, which prevented Title X funding from funding or subsidizing abortions.

The HHS rule prohibited organizations that received funding from the Title X family planning program from providing abortions, co-locating with abortion facilities, or referring patients to abortion facilities.

In response to this rule, Planned Parenthood chose to withdraw from the Title X program. It is estimated that the abortion giant stepped away from $60 million in annual taxpayer funding with this decision.

While the Biden administration has already directed the HHS to review the Protect Life Rule (and it is unlikely that the rule is currently being enforced), the court will still hear arguments on the constitutionality of the Trump administration's rule. This is important because it will determine whether a future president will be allowed to enforce similar rules.

So far, courts have ruled on both sides of the issue. The Ninth Circuit upheld it last February, while the Fourth Circuit ruled against it last September.

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