California v. Azar

In 1970, Congress enacts Title X, which funds family planning services other than abortion. In 1988, the feds adopt rule forbidding Title X grantees from providing referrals to abortion providers as a method of family planning. In 1991, the Supreme Court allows that interpretation of the statute, but a subsequent administration then allows grantees to provide such referrals on request. In 2019, new rules that look a lot like the 1988 rules are re-imposed. Ninth Circuit: And they are likely fine given the 1991 ruling and so can go into effect while litigation proceeds.

Tags: 2019, Abortion, Administrative Law, Ninth Circuit

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