Supreme Court Dismisses Title X Gag Rule Cases

Supreme Court Dismisses Title X Gag Rule Cases

Washington, DC – The United States Supreme Court has dismissed cases challenging the Trump administration’s Title X “gag rule,” which prohibits health care providers who receive federal funding through the Title X family planning program from informing their patients how to access abortion care, even if the patient requests that information. After the rule went into effect, roughly one out of every four Title X sites left the program, dramatically reducing its ability to provide critical services. Last month, the Biden administration released a proposed rule that would undo the Trump administration’s restrictions and further strengthen the Title X program. The decision to dismiss the cases came after the Department of Health and Human Services, in response to an inquiry from the Court, informed the Court that the Trump-era rule will remain in effect until the proposed rule is finalized.

The Justices were correct in their decision to dismiss these cases

“The Justices were correct in their decision to dismiss these cases as required under Supreme Court rules,” said NHeLP’s Legal Director Jane Perkins. “The Biden administration is following established rule-making procedures to change the agency’s policy, and it should be allowed to complete that process without involvement of the Supreme Court or any other court for that matter.”

“Congress designed Title X of the Public Health Service Act to ensure that low-income and underserved populations have access to quality family planning services. The Trump-era gag rule undermined that purpose and is preventing honest and accurate communication between health care professionals and patients,” said senior attorney Catherine McKee. “If allowed to stay in place, the gag rule would continue to harm people across the country who depend on Title X for affordable sexual and reproductive health care, including birth control, breast and cervical cancer screenings, and STI testing and treatment.”

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