Tuesday, May 18, 2021

Supreme Court Dismisses Cert. Grants On Title X Rule As HHS Considers Repeal

As previously reported, in February the U.S. Supreme Court granted certiorari in three related cases challenging a Trump Administration rule promulgated by the Department of Health and Human Services in March 2019. Among other things, the rule imposes new restrictions on abortion referrals by health care providers receiving Title X family planning funds. It effect was to cut off millions of federal dollars to Planned Parenthood. In April, however, the Biden Administration issued a proposed rule that would reverse the Trump Administration change in policy. (See prior posting.) In light of that, and the Government's assurance that it will continue to enforce the Trump Administration rules until they are changed (except in Maryland where an injunction is in force), the Supreme Court yesterday, by a vote of 6-3, dismissed the certiorari petitions. (American Medical Association v. Becerra, Docket No. 20-429, Becerra v. Mayor and City Council of Baltimore, Docket No. 20-454, Oregon v. Becerra, Docket No. 20-539, cert. dismissed 5/17/2021) (Order List.) Justices Thomas, Alito and Gorsuch would not have dismissed the petitions. SCOTUSblog reports on the Court's action.