photo credit: Jeff Kubina / Flickr |
There is currently a split between the courts on the legality of the HHS rule. The 4th Circuit Court of Appeals in Maryland blocked the rule, while a 9th Circuit decision in a separate case upheld them.
“No court can substitute its own policy views for the views of the elected branches of government,” said ADF Senior Counsel and Vice President of Appellate Advocacy John Bursch. “The Supreme Court has already recognized that the federal government has authority to prevent Title X funds from being used for abortion. The 4th Circuit chose instead to rely on the preferences of pro-abortion medical associations. The Supreme Court should take this case and affirm that HHS has the authority to issue a rule that the high court already deemed constitutional.”