July 15, 2019
Across the United States, courts tasked with hearing the lawsuits against the Trump administration’s pro-life rule changes to the Title X Family Planning Program agree, “the Government is likely to prevail.”
When the Trump administration’s Department of Health and Human Services (HHS) published the Protect Life Rule, pro-abortion groups such as Planned Parenthood lost no time in filing lawsuits to halt the Rule’s implementation. Believing they would be assigned a favorable judge, opponents of the Rule filed suit in the Ninth Circuit and other friendly courts. Although opponents obtained an advantageous ruling at the district court level, ultimately a three-judge panel in both the U.S. Court of Appeals for the Ninth Circuit (9th Circuit) and the Fourth Circuit (4th Circuit) decided to lift the preliminary injunctions and allow the Rule to be implemented temporarily. Opponents of the Rule suffered another failure when an 11-judge panel sitting en banc in the 9th Circuit reiterated that the Rule should be implemented while the merits of the case are heard. Lastly, a district judge in Maine refused to halt the Rule’s implementation while the merits of the case are litigated. That totals four devastating and seemingly unexpected adverse rulings opponents of the Protect Life Rule have suffered thus far.
In each Court Opinion, the various courts explain the Protect Life Rule should go into effect during the lawsuit, because HHS will likely prevail in defending the Rule. This legal conclusion is reached for primarily two reasons: precedent and statutory interpretation. The Supreme Court Decision Rust v. Sullivan upheld regulations nearly identical to the Protect Life Rule. Additionally, the Rule adheres to applicable statutes. Therefore, courts across the nation conclude that HHS is likely to succeed on the merits because of the precedent established by Rust and the Rule’s lawful adherence to statutory law. An issue brief published by Family Research Council has further information on the legal arguments surrounding Title X.
These legal proclamations are devastating for pro-abortion groups because it undermines a significant portion of their industry. The clear separation that the Protect Life Rule establishes between family planning funding and the abortion industry is contrary to their worldview. If the Protect Life Rule is ultimately upheld, abortion providers must adhere to the regulations in order to continue receiving Title X funds. If abortion providers such as Planned Parenthood refuse to comply, however, those Title X family planning funds can be diverted to other healthcare clinics such as Federally Qualified Health Centers (FQHCs), Rural Health Centers, and Pregnancy Resource Centers which provide certain services that would be eligible for Title X funding under the Protect Life Rule.
Since taking office, President Donald Trump and the U.S. Senate have worked together to confirm 127 federal judges. Several of these judges were vital to lifting the preliminary injunction against the Protect Life Rule, including two in the 9th Circuit, two in the 4th Circuit, and one in the United States District Court for the District of Maine. The ability of President Trump and the U.S. Senate to confirm constitutionally-minded judges shows that elections have consequences and that victory in the courts is crucial.
Without a favorable ruling on the merits, abortion referrals will continue, co-mingling of funds will perpetuate, and precious babies developing in the womb will perish. Courts must continue to discard the shallow political arguments opponents of the Rule are making and choose to uphold the law. The survival of countless lives depends upon future legal victories.
Mary Jayne Caum is a Policy intern at Family Research Council. Connor Semelsberger is Legislative Assistant at Family Research Council.