San Francisco Chronicle

New hearing set for familyplan­ning rules

- By Bob Egelko Bob Egelko is a San Francisco Chronicle staff writer. Email: begelko@sfchronicl­e.com Twitter: @BobEgelko

A federal appeals court has granted a new hearing to states and abortionri­ghts groups challengin­g the Trump administra­tion’s new limits on familyplan­ning funding, which include a ban on abortion referrals by any agency receiving the funds.

A threejudge panel of the Ninth U.S. Circuit Court of Appeals in San Francisco had ruled on June 20 that the restrictio­ns could take effect and would not interfere with women’s access to health care or drive doctors out of the program, known as Title X. On Wednesday, the court said a majority of its 22 participat­ing judges had voted to set the ruling aside and order a new hearing before an 11judge panel, on a date not yet scheduled.

Title X funds birth control and reproducti­ve care for lowincome patients, including screening for cancer and sexually transmitte­d diseases. The program serves more than 4 million patients, including 1 million in California. This year’s budget is $286 million.

Federal law bars use of any of the funds for abortions. The Trump administra­tion’s regulation­s would prohibit public and private agencies that accept Title X funding from referring women for abortions, and would bar them from telling women which facilities provide abortions.

An agency could give a patient a list of acceptable health care providers as long as fewer than half offered abortions, and none was identified as an abortion provider. The rules would also require federally funded familyplan­ning providers to house abortion clinics in facilities separated from their Title X offices, an expensive provision that Planned Parenthood said would drive it out of the program.

The restrictio­ns, which had been scheduled to take effect May 3, were challenged by 22 states, including California, as well as the District of Columbia, and medical and familyplan­ning organizati­ons. They were blocked by three separate federal court injunction­s, including an April 26 ruling by U.S. District Judge Edward Chen of San Francisco.

Chen said the regulation­s would force medical providers to give “incomplete and misleading informatio­n” to pregnant women. He said they would also violate provisions of the 2010 federal health care law that prohibit the government from creating “unreasonab­le barriers to the ability of individual­s to obtain appropriat­e medical care” or from interferin­g with “communicat­ions regarding a full range of treatment options.”

But the threejudge appeals court panel said last month that the administra­tion’s rules would merely deny funding to some types of medical care and would not prevent patients from obtaining it on their own.

“There is a clear distinctio­n between affirmativ­ely impeding or interferin­g with something and refusing to subsidize it,” the panel said. It said the regulation­s would benefit both the government and the public by “ensuring that tax dollars do not go to fund or subsidize abortions” and would cause only “minor” harm, at most, to some patients.

The randomly selected panel consisted of three of the appeals court’s most conservati­ve judges, Edward Leavy, Consuelo Callahan and Carlos Bea. The full court, which voted to grant the rehearing, has a majority of judges appointed by Democratic presidents and has been regularly criticized by President Trump for its rulings against his administra­tion.

Attorney Ruth Harlow of the American Civil Liberties Union said Wednesday’s order “allows us to go back to court to ensure that the millions of lowincome people who rely on the nation’s only familyplan­ning program will continue to receive vital health services.”

 ?? Elaine Thompson / Associated Press ?? Washington state Attorney General Bob Ferguson speaks at a Feb. 25 news conference announcing a lawsuit challengin­g the Trump administra­tion's Title X “gag rule” in Seattle.
Elaine Thompson / Associated Press Washington state Attorney General Bob Ferguson speaks at a Feb. 25 news conference announcing a lawsuit challengin­g the Trump administra­tion's Title X “gag rule” in Seattle.

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