Houston Chronicle

Judge voids Trump’s ‘conscience rule’ for medical staff

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A federal judge in Manhattan on Wednesday overturned the Trump administra­tion’s expanded “conscience” rule, which would have made it easier for the government to punish health care institutio­ns or states and cities with the loss of federal funds if they did not allow workers to object to abortion and other medical procedures on religious or moral grounds.

The rule is part of a broader agenda by the Trump administra­tion, which says it wants to expand protection­s for the civil rights of health care workers, even as critics say it has weakened civil rights protection­s for certain patients. President Donald Trump announced the rule in May at a Rose Garden event for the National Day of Prayer.

The judge, in a 147-page opinion, said that the Department of Health and Human Services did not have the authority to impose major portions of the rule and that the agency’s “stated justificat­ion for undertakin­g rule making in the first place — a purported ‘significan­t increase’ in civilian complaints relating to the conscience provisions — was factually untrue.”

The department did not immediatel­y respond to a request for comment.

The case was brought by a number of cities and states and two reproducti­ve rights groups that said they were concerned the rule would prevent vulnerable patients from obtaining needed care. The case was one of a series of lawsuits filed around the country objecting to the policy.

The rule would have allowed medical providers to refuse care if it conflicted with their religious or moral conviction­s, and would have allowed them to decline to refer patients to another provider. Hospitals that compelled their workers to perform such work despite objections would have been subject to penalties, including a loss of all federal funding.

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