Judge rules for Trump administration in suit over family-planning program shift

FILE PHOTO: Healthcare activists with Planned Parenthood and the Center for American Progress protest in opposition to the Senate Republican healthcare bill on Capitol Hill in Washington, U.S., June 28, 2017. REUTERS/Joshua Roberts/File Photo

By Brendan O’Brien

(Reuters) – A federal judge ruled on Monday against birth control organizations that sought to block the Trump administration from shifting a federal family-planning grant program toward prioritizing groups that are faith-based and counsel abstinence.

Three planned Parenthood organizations along with the National Family Planning Reproductive Health Association filed lawsuits, which were later combined, in May challenging guidelines the Department of Health and Human Services (HHS) issued in February.

Those guidelines set forth new criteria for how the department under Republican President Donald Trump would assess applications for grants under the Title X family planning program. The grants are expected to total $260 million.

The organizations objected to the criteria’s focus on abstinence, easier access to primary health care, increasing family participation and cooperation with faith-based organizations, according to the ruling.

The organizations argued that the changes require a notice and comment rule-making process, violate the Title X law and were “arbitrary and capricious.”

United States District Court Judge Trevor McFadden, who was appointed by Trump in 2017, said in his ruling that “courts cannot review substantive objections to a non-final agency action, nor can they require formal rulemaking for a change in agency procedure.”

McFadden also said that if he could rule on the merits of the case, the government’s changes align with program’s commitment to support “voluntary family projects … offering a broad range of acceptable and effective family planning methods and services.”

Vice President Mike Pence, a former Indiana governor and strident opponent of abortion, has pushed Congress to defund Planned Parenthood. The non-profit’s clinics provide contraception, health screenings and abortions.

“The Trump-Pence administration is trying to impose its ideology on people – no matter how many it hurts,” Dawn Laguens, Executive Vice President of Planned Parenthood Federation of America, said in a statement on Monday, adding that the ruling could effect the health care of four million people.

Planned Parenthood health centers serve more than 40 percent of patients receiving care subsidized by Title X.

HHS could not be reached for comment.

(Reporting by Brendan O’Brien in Milwaukee; Editing by Darren Schuettler)

Trump proposes taking funds away from abortion providers

U.S. President Donald Trump gestures as he delivers remarks during the Prison Reform Summit at the White House in Washington, U.S., May 18, 2018. REUTERS/Kevin Lamarque

By Roberta Rampton

WASHINGTON (Reuters) – U.S. President Donald Trump on Friday issued a proposal that would effectively stop giving government funds that subsidize birth control for low-income women to Planned Parenthood and other clinics that provide abortions.

The plan is aimed at fulfilling Trump’s campaign pledge to defund Planned Parenthood, an organization that provides abortions and other health services for women, and comes as Republicans push to energize Trump supporters ahead of November congressional elections.

Congress provided $286 million in Title X grants in 2017 to Planned Parenthood and other health centers to provide birth control, screening for diseases and cancer, and other reproductive counseling to low-income women.

The funding cannot be used for abortions, but abortion opponents have long complained that the money subsidizes Planned Parenthood itself.

“You can still get an abortion in this country. You can get it in many different places. We don’t just don’t think taxpayers should have to pay for that,” said Kellyanne Conway, a top adviser to Trump, on Fox News Channel.

Planned Parenthood said it would not back down from providing abortions and counseling, and would fight the rule in court if needed.

The group provides healthcare services to about 40 percent of the 4 million people covered by the Title X program, and said community health centers would not be able to absorb its patients.

The organization called it a “gag rule” that would roll back a requirement that medical professionals provide information about abortions.

“If a woman is pregnant and wants or needs an abortion, under this rule, her provider will be prohibited from telling her where she could get one,” Dawn Laguens, executive vice president of the group, told reporters.

REVIEW PROCESS

Groups that oppose abortion said the plan would not ban abortion counseling, but would ensure that taxpayer funding does not support clinics that also perform abortions.

The Susan B. Anthony List, a group that backs political candidates who oppose abortion, praised the move. Trump is scheduled to speak at its fundraising gala next week.

“This is a major victory which will energize the grassroots as we head into the critical midterm elections,” the group said in a statement.

The timelines and details of the proposal from the Department of Health and Human Services were not immediately available. The plan will go through a review process run by the White House Office of Management and Budget.

“The proposal would require a bright line of physical as well as financial separation between Title X programs and any program (or facility) where abortion is performed, supported, or referred for as a method of family planning,” an administration official said in a statement.

In February, the Trump administration shifted guidelines for the Title X grants toward prioritizing groups that are faith-based and counsel abstinence.

Earlier this month, Planned Parenthood and the National Family Planning & Reproductive Health Association filed lawsuits seeking to block the change.

(Reporting by Roberta Rampton; Editing by Bernadette Baum)

Trump eviscerates health insurance birth control mandate

Supporters of contraception rally before Zubik v. Burwell, an appeal brought by Christian groups demanding full exemption from the requirement to provide insurance covering contraception under the Affordable Care Act, is heard by the U.S. Supreme Court in Washington, U.S., March 23, 2016. REUTERS/Joshua Roberts/File Photo

By Sarah N. Lynch and Caroline Humer

WASHINGTON/NEW YORK (Reuters) – President Donald Trump’s administration on Friday eviscerated requirements under the Obamacare law that employers provide insurance to cover women’s birth control, keeping a campaign pledge that pleased his conservative Christian supporters.

Administration officials said two new federal rules will let any non-profit or for-profit entity make religious or moral objections to obtain an exemption from the law’s contraception mandate. The changes also let publicly traded companies obtain a religious exemption.

The move drew fire from reproductive rights advocates and praise from a conservative Christian activists. California’s Democratic attorney general pledged to fight to protect the mandate from circumvention. It remained unclear how many women would lose contraception coverage and which companies would use the exemptions.

“The Trump administration just took direct aim at birth control coverage for 62 million women,” Planned Parenthood Federation of America President Cecile Richards said in a statement.

“This is an unacceptable attack on basic healthcare that the vast majority of women rely on. With this rule in place, any employer could decide that their employees no longer have health insurance coverage for birth control,” Richards added.

Trump, who criticized the birth control mandate in last year’s election campaign, and won strong support from conservative Christian voters. The Republican president signed an executive order in May asking for rules that would allow religious groups to deny their employees insurance coverage for services they oppose on religious grounds.

The U.S. Department of Health and Human Services on Friday moved to broaden those narrow religious exemptions to include an exception “on the basis of moral conviction” for non-profit and for-profit companies.

The contraception mandate was one provision of the 2010 Affordable Care Act, Democratic former President Barack Obama’s signature legislative achievement, also called Obamacare.

The law required employers to provide health insurance that covers birth control, but religious houses of worship were exempted. Some private businesses sued regarding their rights to circumvent such coverage, and the Supreme Court ruled in 2014 that they could object on religious grounds.

“All Americans should have the freedom to peacefully live and work consistent with their faith without fear of government punishment,” the conservative Christian legal activist group Alliance Defending Freedom said in a statement praising the administration’s action.

“HHS has issued a balanced rule that respects all sides – it keeps the contraceptive mandate in place for most employers and now provides a religious exemption,” said Mark Rienzi, one of the lawyers for the Little Sisters of the Poor, an order of Roman Catholic nuns that runs care homes for the elderly and previously challenged the mandate in court.

“The Little Sisters still need to get final relief in court, which should be easy now that the government admits it broke the law,” Rienzi added.

The Little Sisters and other Christian nonprofit employers objected to a 2013 compromise offered by the Obama administration that allowed entities opposed to providing contraception insurance coverage to comply with the law without actually paying for the required coverage.

California Attorney General Xavier Becerra said he was “prepared to take whatever action it takes” to defend the mandate that health insurers provide birth control.

The administration’s new contraception exemptions “are another example of the Trump administration trampling on people’s rights, but in this case only women,” Becerra told Reuters.

The Justice Department on Friday released two memos that will serve as the government’s legal basis for justifying the rule and laying out a framework for how apply religious liberty issues in legal opinions, federal rules and grant making.

One memo instructs Justice Department employees to incorporate its legal arguments on religious freedom into litigation strategies and how they review rules. A second memo used a similar directive to government agencies to be used in the course of “employment, contracting and programing.”

(Reporting by Sarah N. Lynch in Washington and Caroline Humer in New York; writing by Will Dunham; Editing by David Gregorio)