Tag Archives: Planned Parenthood

Trump ‘gag rule’ on abortion referral can be enforced, U.S. appeals court rules

By Jonathan Stempel

(Reuters) – A sharply divided federal appeals court on Monday said the Trump administration may enforce a rule labeled by critics as a “gag rule” that could deprive abortion providers of federal funding for family planning.

In a 7-4 decision, the 9th U.S. Circuit Court of Appeals upheld a ruling last June by a unanimous three-judge panel to lift injunctions won by California, Oregon and Washington against the rule, which deprives clinics that provide abortion referrals of Title X family planning funds.

The rule was meant to help President Donald Trump fulfill a 2016 campaign pledge to end federal support for Planned Parenthood, which received about $60 million annually, or one-fifth, of Title X funds.

Planned Parenthood left the program last August rather than comply with the rule, which is enforced by the U.S. Department of Health and Human Services.

In a statement, California Attorney General Xavier Becerra said the “troubling” decision helps Trump “roll back women’s access to reproductive healthcare.”

Planned Parenthood’s acting president Alexis McGill Johnson called on Congress to overturn the rule, which she said created “egregious barriers” to healthcare for low-income people.

A U.S. Department of Justice spokeswoman said the decision properly upholds HHS’ prohibition on using taxpayer money to “subsidize abortion” through Title X.

Writing for Monday’s majority, Circuit Judge Sandra Ikuta said HHS was owed “broad deference” and acted reasonably, not arbitrarily or capriciously, in adopting a “less restrictive” rule than the one blessed by the Supreme Court in 1988.

“There is no ‘gag’ on abortion counseling,” Ikuta wrote, saying the rule allows healthcare providers to discuss, though not to encourage, abortion.

The appeals court returned the cases to federal district courts for further proceedings. A federal judge in Baltimore on Feb. 14 blocked the rule’s enforcement in Maryland.

Circuit Judge Richard Paez dissented, saying the rule would deprive people of cancer screening, HIV testing and other needed healthcare, and undermine Congress’ intent that patients be able to communicate openly with healthcare providers.

“The consequences will be borne by the millions of women who turn to Title X-funded clinics for lifesaving care and the very contraceptive services that have caused rates of unintended pregnancy – and abortion – to plummet,” he wrote. “I strongly dissent.”

All seven judges in the majority were appointed by Republican presidents, including two by Trump. The dissenters were appointed by Democratic presidents.

The cases in the 9th U.S. Circuit Court of Appeals include California v Azar et al, No. 19-15974; Oregon et al v Azar et al, No. 19-35386; and Washington et al v Azar et al, No. 19-35394.

(Reporting by Jonathan Stempel in New York and Nate Raymond in Boston; Editing by Steve Orlofsky and Sonya Hepinstall)

Missouri cites ‘serious concerns’ about safety in seeking to shut abortion clinic

Missouri cites ‘serious concerns’ about safety in seeking to shut abortion clinic
By Robert Langellier

JEFFERSON CITY, Mo. (Reuters) – The fate of Missouri’s only abortion clinic was at stake on Monday, as a state arbiter heard arguments from Planned Parenthood and state officials who have threatened to close it and make Missouri the sole U.S. state without legal abortion services.

Planned Parenthood, the women’s healthcare and abortion provider that operates the facility, sued the state health department in June for its refusal to renew the St. Louis clinic’s license. The state court judge presiding over the case referred the matter to the Administrative Hearing Commission, an independent arbiter.

The hearing, which is expected to last several days, began on Monday with opening statements from both sides and testimony from state witness Donna Harrison, a doctor and director of the American Association of Pro-Life Obstetricians and Gynecologists.

Missouri Solicitor General John Sauer said on Monday that the state has “very serious concerns about the safety of patients” at the clinic after at least four patients had failed abortions there.

Planned Parenthood has argued that the clinic should remain open to guarantee the constitutional right of the 1 million women of child-bearing age in Missouri to receive an abortion.

Missouri health officials earlier this year declined to renew the clinic’s license on the grounds that it failed to meet their standards, which included mandatory interviews with several physicians involved in what the health department said were multiple life-threatening abortions at the clinic.

Planned Parenthood officials have said they do not directly employ all the clinic’s staff and cannot force them to give interviews. The organization has said the state’s effort to close the clinic is politically motivated, which the state denies.

Abortion is one of the most divisive issues in the United States, with opponents citing religious beliefs to declare it immoral, while abortion-rights activists say the procedure is legally protected and that bans rob women of control over their bodies and futures.

Missouri is one of 12 states to pass laws restricting abortion access this year, some aimed at provoking a U.S. Supreme Court review of the landmark 1973 Roe v. Wade decision that recognized a woman’s constitutional right to terminate her pregnancy.

Last week, Planned Parenthood opened an abortion clinic just 13 miles (21 km) from the St. Louis clinic in Fairview Heights, Illinois, capable of treating up to 11,000 patients per year.

“While we continue the fight to maintain access in Missouri, we are excited to expand our abortion services in Illinois,” Colleen McNicholas, chief medical officer of Planned Parenthood’s southwest regional chapter, said in a statement.

(Writing by Gabriella Borter; Editing by Scott Malone, Bill Berkrot and Richard Chang)

Planned Parenthood to open large secretly built Illinois clinic as Missouri readies abortion ban

By Gabriella Borter

(Reuters) – Women’s health provider Planned Parenthood is set to open a large facility in western Illinois this month that will provide abortion access for women in Missouri as officials there aim to shutter the state’s sole abortion clinic, the organization said on Wednesday.

Planned Parenthood has been secretly building the 18,000-square-foot clinic in Fairview Heights since August 2018, using shell companies to avoid attention and protests, CBS first reported.

The new healthcare center will provide abortion and other health services to women in western Illinois and eastern Missouri, and is located just 13 miles from Planned Parenthood’s St. Louis clinic. Missouri has declined to renew that facility’s license, citing its failure to meet state health department standards.

“While we continue the fight to maintain access in Missouri, we are excited to expand our abortion services in Illinois,” Colleen McNicholas, chief medical officer of Planned Parenthood’s southwest regional chapter, said in a statement. “The new health center is a testament to the needs of the greater bi-state region and our commitment to provide, protect and expand access to healthcare, no matter what.”

A federal judge has allowed the Missouri clinic to stay open pending the decision of a state arbiter, who will weigh Planned Parenthood’s case against the state health department. If officials in Missouri succeed in closing the clinic, it would become the only U.S. state without a legal abortion facility.

Abortion is one of the most divisive issues in the United States, with opponents citing religious belief to declare it immoral.

Missouri is one of 12 states to pass laws restricting abortion access this year, some aimed at provoking a U.S. Supreme Court review of the landmark 1973 Roe v. Wade decision, which recognized a woman’s constitutional right to terminate her pregnancy.

A U.S. federal judge in August temporarily blocked Missouri from enforcing a law banning abortion in the state after eight weeks of pregnancy except in cases of a medical emergency.

Illinois has moved to protect women’s right to abortion as other states have tried to overturn it. The state passed the Reproductive Health Act in June to preserve the legality of abortion even if Roe v. Wade should be overturned. It has refused funding from the Title X family planning program because of President Donald Trump’s “gag rule,” which withholds federal funds from health providers who perform abortions or refer patients to abortion providers.

(Reporting by Gabriella Borter in New York; Editing by Scott Malone and Steve Orlofsky)

Federal judge blocks restrictive Missouri abortion law

FILE PHOTO: Abortion rights advocates attend a rally after a judge granted a temporary restraining order on the closing of Missouri's sole remaining Planned Parenthood clinic in St. Louis, Missouri, U.S. May 31, 2019. REUTERS/Lawrence Bryant/File Photo

(Reuters) – A federal judge on Tuesday blocked Missouri from enforcing a law banning abortion in the state after eight weeks except in cases of medical emergency.

The law was set to take effect on Wednesday, but U.S. District Judge Howard Sachs in Kansas City ruled that the state not enforce it, pending litigation or further order of the court, according to a court document.

The ban, like others by U.S. states this year, was written in the knowledge it would likely be struck down but with the hope it would prompt the U.S. Supreme Court to review its landmark 1973 decision protecting abortion rights.

“While federal courts should generally be very cautious before delaying the effect of State laws, the sense of caution may be mitigated when the legislation seems designed, as here, as a protest against Supreme Court decisions,” the judge wrote.

“The hostility to, and refusal to comply with, the Supreme Court’s abortion jurisprudence is most obviously demonstrated in the attempt to push ‘viability’ protection downward in various weekly stages to 8 weeks.”

Women’s healthcare provider Planned Parenthood and the American Civil Liberties Union (ACLU) sued Missouri last month over the law, which also bans abortions sought on the grounds of the fetus’ race, sex or disability and makes it a felony for doctors to perform abortions in violation of the law.

Planned Parenthood’s Missouri clinic and the ACLU have argued the law will cause “significant and irreparable constitutional, medical, emotional” harm to patients in that state, who may not even know they are pregnant at eight weeks, according to court documents.

The law declares Missouri to be a “sanctuary of life” that protects “pregnant women and their unborn children.” It does not make exceptions for cases of rape and incest, and it includes a provision that would trigger a statewide abortion ban if the U.S. Supreme Court overturns its 1973 ruling in Roe v. Wade, which established a woman’s constitutional right to terminate her pregnancy.

Abortion is one of the most divisive political issues in the United States. Several conservative states have passed restrictive laws on abortion in 2019 to try to make the Supreme Court revisit the constitutional issue.

Missouri has been at the center of the nation’s escalating abortion debate, as Planned Parenthood is fighting a state health department decision not to renew the license of the provider’s clinic in St. Louis, the only abortion clinic in the state.

(Reporting by Gabriella Borter in New York; additional reporting by Andrew Hay; editing by Scott Malone, Steve Orlofsky and Jonathan Oatis)

U.S. abortion rights groups sue over Missouri law

FILE PHOTO: Abortion rights advocates attend a rally after a judge granted a temporary restraining order on the closing of Missouri's sole remaining Planned Parenthood clinic in St. Louis, Missouri, U.S. May 31, 2019. REUTERS/Lawrence Bryant

By Rich McKay

(Reuters) – Prominent U.S. abortion rights groups Planned Parenthood and the American Civil Liberties Union filed a federal lawsuit late on Tuesday in an effort to stop a new Missouri law that bans almost all terminations of pregnancies after eight weeks.

The new law was signed by Republican Governor Mike Parson in May and is set to go into effect on Aug. 28.

The 31-page complaint filed in the U.S. District Court for the Western District of Missouri contends that the legislation is unconstitutional. It asks for an injunction to stop the law from being enacted next month until the complaint is resolved.

“Without this relief, the bans will have a devastating effect on patients seeking access to abortion in the state,” lawyers wrote in the complaint.

The law is one of the most restrictive in the nation and activists contend it effectively forbids most abortions since many women do not know they are pregnant yet at eight weeks.

In a perennially divisive moral and political fight, similar laws have been proposed in more than a dozen other U.S. states as Republican-controlled legislatures flex their muscles.

Efforts to roll back Roe v. Wade, the U.S. Supreme Court decision legalizing abortion in 1973, have been emboldened by two appointments by President Donald Trump giving conservatives a solid majority on the court.

Neither representatives for the Missouri governor’s office, nor lawyers for the ACLU and Planned Parenthood, were immediately available for comment early Wednesday.

Parson said in May the new law would make Missouri “one of the strongest pro-life states in the country.”

The legislation allows for an abortion after the eighth week only in the case of medical emergencies, and provides no exceptions for victims or rape or incest.

Plaintiffs in the Missouri complaint said the law conflicts with more than four decades of binding precedent, would prohibit “the vast majority of pre-viability abortions”, and denied patients healthcare they were entitled to.

Planned Parenthood is engaged in separate litigation with the state to keep a St. Louis clinic open. If Missouri officials succeed in closing the clinic, it would become the only U.S. state without a legal abortion facility.

(Reporting by Rich McKay in Atlanta; Editing by Andrew Cawthorne)

Denied a license, Missouri’s only abortion clinic awaits judge’s ruling

FILE PHOTO: Planned Parenthood's employees look on as anti-abortion rights advocates hold a rally in St. Louis, Missouri, U.S., June 4, 2019. REUTERS/Lawrence Bryant

By Robert Langellier

ST. LOUIS (Reuters) – Missouri health officials on Friday refused to renew the license of the state’s only abortion clinic, but the facility will remain open for now as a judge left in place an injunction blocking its closure.

At a brief circuit court hearing on Friday, Judge Michael Stelzer said it might be days before the court would come to a decision on whether the state could shut its only abortion clinic, which is operated by women’s healthcare and abortion provider Planned Parenthood.

“I think you guys are expecting an order soon. I don’t know that order is going to be today,” Stelzer said during the hearing, which lasted less than five minutes.

If the clinic were to close, Missouri would become the only U.S. state without a legal abortion clinic.

Missouri officials did not immediately respond to a request for comment.

“This decision signals the true motive behind this license renewal mess that has left patients in limbo, uncertain about their health care: to ban abortion without ever overturning Roe v. Wade,” Dr. Colleen McNicholas, a physician at Planned Parenthood’s Missouri clinic, said in a statement.

The state is one of 12 to pass laws restricting abortion access this year, some aimed at provoking a U.S. Supreme Court review of the landmark 1973 Roe v. Wade decision that recognized a woman’s right to terminate her pregnancy.

Planned Parenthood sued Missouri health officials after they warned they would decline to renew the license of the Reproductive Health Services of Planned Parenthood clinic in St. Louis on the grounds it failed to meet their standards.

Stelzer on June 10 issued a preliminary injunction blocking the clinic’s closure until the state made an official decision on its license.

Abortion is one of the most divisive issues in the United States, with opponents often citing religious beliefs to call it immoral.

The legal battle in Missouri began after Governor Mike Parson, a Republican, signed a bill on May 24 banning abortion beginning in the eighth week of pregnancy.

Planned Parenthood has vowed to fight to protect abortion access in Missouri and to push back on regulatory standards that the women’s healthcare organization believes put a burden on abortion rights.

Court documents show that Missouri health officials declined to renew the clinic’s license to perform abortions because they were unable to interview seven of its physicians over “potential deficient practices.”

(Reporting by Robert Langellier in St. Louis; writing by Gabriella Borter; editing by Scott Malone, Sonya Hepinstall and Jonathan Oatis)

Planned Parenthood sues to block U.S. rule that may limit abortions

FILE PHOTO: A sign is pictured at the entrance to a Planned Parenthood building in New York August 31, 2015. REUTERS/Lucas Jackson/File Photo

By Jonathan Stempel

NEW YORK (Reuters) – Planned Parenthood and other nonprofits offering family planning services sued the Trump administration on Tuesday to block a new federal rule letting healthcare workers refuse abortions and other services because of religious or moral objections.

The two lawsuits filed in Manhattan federal court said enforcing the “conscience” rule would encourage discrimination against women, minorities, the poor, the uninsured, and lesbian, gay, bisexual, transgender and queer people by curbing access to legal healthcare procedures, including life-saving treatments.

They also said the rule, issued by the Department of Health and Human Services and scheduled to take effect on July 22, would impose heavy costs on healthcare providers dependent on federal funding, which they could lose by refusing to comply.

The plaintiffs also include Planned Parenthood of Northern New England Inc, the National Family Planning and Reproductive Health Association and Public Health Solutions Inc. The American Civil Liberties Union represents the latter two nonprofits.

“Trust is the cornerstone of the physician-patient relationship,” Leana Wen, president of Planned Parenthood Federation of America, said in a statement. “No one should have to worry if they will get the right care or information because of their providers’ personal beliefs.”

HHS pledged to defend the rule vigorously. Planned Parenthood said the rule might affect more than 613,000 hospitals, health clinics, doctors’ offices and nonprofits.

The lawsuits escalate the legal battles over a rule announced on May 2 by Republican President Donald Trump, who has made expanding religious liberty a priority, in a Rose Garden speech marking the National Day of Prayer.

They were filed after California, New York, New York City, Chicago and 20 other mostly Democratic-controlled or Democratic-leaning states and municipalities sued the government on May 21 over the rule. San Francisco filed its own lawsuit on May 2.

HHS has said the rule protects the rights of workers who might oppose particular procedures, such as sterilizations and assisted suicides.

It has also said the rule requires compliance with roughly 25 federal laws protecting conscience and religious rights, some of which date back decades.

Roger Severino, director of HHS’ Office for Civil Rights, on Tuesday repeated his May 21 statement that the rule “gives life and enforcement tools” to those laws.

The cases are Planned Parenthood Federation of America Inc et al v Azar et al, U.S. District Court, Southern District of New York, No. 19-05433; and National Family Planning and Reproductive Health Association et al v Azar et al in the same court, No. 19-05435.

(Reporting by Jonathan Stempel in New York; Editing by Tom Brown and Richard Chang)

Judge weighs fate of Missouri’s only abortion clinic after court hearing

Planned Parenthood's employees look on as anti-abortion rights advocates hold a rally in St. Louis, Missouri, U.S., June 4, 2019. REUTERS/Lawrence Bryant

By Gabriella Borter and Brendan O’Brien

(Reuters) – A St. Louis judge said on Tuesday he will work quickly to decide whether Missouri’s only abortion clinic can remain open after a hearing on a lawsuit aimed at forcing state health officials to renew the facility’s license to perform the procedure.

Women’s healthcare and abortion provider Planned Parenthood sued Missouri last week after state health officials refused to renew the license of the St. Louis clinic, called Reproductive Health Services of Planned Parenthood, because, they said, they were unable to interview seven of its physicians over “potential deficient practices,” according to court documents.

Judge Michael Stelzer held a hearing on Tuesday morning on motions filed by Planned Parenthood in its request for a preliminary injunction that would keep the clinic open longer. He could schedule more hearings or rule on the request.

Stelzer intervened on Friday before the clinic’s license to perform abortions was set to expire hours later, issuing a temporary restraining order against the state at the request of Planned Parenthood that enabled the clinic to continue providing the procedure.

After listening to arguments from both sides on Tuesday, Stelzer said he will work “expeditiously” to come to a decision in the case, according to a court spokesman.

Abortion is one of the most divisive issues in U.S. politics, with opponents often citing religious beliefs to call it immoral. Abortion rights advocates have said restrictions being passed at the state level amount to state control of women’s bodies.

If the facility’s license is not renewed, Missouri would become the only U.S. state without an abortion clinic since the Supreme Court’s landmark Roe v. Wade decision in 1973 that legalized abortion nationwide and recognized a woman’s right to terminate her pregnancy.

The legal battle in St. Louis began after Missouri Governor Mike Parson, a Republican, signed a bill on May 24 banning abortion beginning in the eighth week of pregnancy, making Missouri one of nine U.S. states to pass anti-abortion legislation this year.

Anti-abortion activists have said they hope to prompt the conservative-majority U.S. Supreme Court to overturn the Roe v. Wade ruling by enacting laws such as the one recently passed in Missouri that are assured of facing court challenges.

The Supreme Court last week sent a mixed message on abortion, refusing to consider reinstating Indiana’s ban on abortions performed because of fetal disability or the sex or race of the fetus while upholding the state’s requirement that fetal remains be buried or cremated after the procedure is done. Several other abortion-related cases also are heading toward the high court.

(Reporting by Brendan O’Brien in Chicago and Gabriella Borter in New York; Editing by Scott Malone and Will Dunham)

Fate of Missouri’s only abortion clinic at stake as St. Louis judge holds hearing

A banner stating "STILL HERE" hangs on the side of the Planned Parenthood Building after a judge granted a temporary restraining order on the closing of Missouri's sole remaining Planned Parenthood clinic in St. Louis, Missouri, U.S. May 31, 2019. REUTERS/Lawrence Bryant

(Reuters) – The fate of Missouri’s only abortion clinic will be at stake on Tuesday when a St. Louis judge hears arguments in Planned Parenthood’s lawsuit aimed at forcing state health officials to renew the facility’s license to perform the procedure.

Planned Parenthood sued Missouri last week after state health officials refused to renew the license of Reproductive Health Services of Planned Parenthood in St. Louis because, they said, they were unable to interview seven of its physicians over “potential deficient practices,” according to court documents.

Abortion is one of the most socially divisive issues in U.S. politics, with opponents often citing religious beliefs to call it immoral. Abortion-rights advocates say the bans amount to state control of women’s bodies.

St. Louis Circuit Court Judge Michael Stelzer intervened on Friday before the clinic’s license to perform abortions was set to expire at midnight. He issued a temporary restraining order against the state at the request of Planned Parenthood, allowing the clinic to continue offering the procedure.

Stelzer will hold a hearing on Tuesday morning on motions filed by Planned Parenthood in its request for a preliminary injunction that would keep the clinic open longer. He could schedule more hearings or rule on the request.

If the facility’s license is not renewed, Missouri would become the only U.S. state without an abortion clinic since the Supreme Court’s Roe v. Wade decision in 1973 that established a woman’s right to terminate her pregnancy.

The legal battle in St. Louis began after Missouri Governor Mike Parson, a Republican, signed a bill on May 24 banning abortion beginning in the eighth week of pregnancy, making Missouri one of nine U.S. states to pass anti-abortion legislation this year.

Anti-abortion activists say they aim to prompt the newly installed conservative majority on the U.S. Supreme Court to overturn Roe v. Wade by enacting laws such as the one recently passed in Missouri that are virtually assured of facing court challenges.

(Reporting by Brendan O’Brien in CHICAGO; Editing by Paul Tait)

Missouri abortion clinic to stay open for now after court order

Pro-Life supporters protest outside of Planned Parenthood as a deadline looms to renew the license of Missouri's sole remaining Planned Parenthood clinic in St. Louis, Missouri, U.S. May 31, 2019. REUTERS/Lawrence Bryant

By Pavithra George

ST. LOUIS (Reuters) – Missouri’s only abortion clinic will stay open at least a few more days after a judge on Friday granted a request by Planned Parenthood for a temporary restraining order, allowing the facility to keep operating until a hearing on Tuesday.

Planned Parenthood sued Missouri this week after state health officials said the license for Reproductive Health Services of Planned Parenthood in St. Louis was in jeopardy, meaning the clinic could have closed at midnight unless the judge granted the request for a temporary restraining order.

“Today is a victory for women across Missouri, but this fight is far from over,” Planned Parenthood President Leana Wen said in a statement after Circuit Court Judge Michael Stelzer agreed to the organization’s request.

Representatives for the Missouri Department of Health and Senior Services could not be immediately reached for comment.

Health officials had refused to renew the clinic’s license because, they said, they were unable to interview seven of its physicians over “potential deficient practices,” according to documents filed in a St. Louis court.

The legal battle in St. Louis comes a week after Missouri Governor Mike Parson, a Republican, signed a bill banning abortion beginning in the eighth week of pregnancy, making Missouri one of nine U.S. states to pass anti-abortion legislation this year.

On Friday, Stelzer said the clinic’s license would remain in effect until a ruling is made on Planned Parenthood’s request for a preliminary injunction against the state. A hearing on that matter is scheduled for 9 a.m. on Tuesday.

Outside the clinic on Friday, a handful of anti-abortion protesters stood holding “Choose Life” signs.

Abortion is one of the most socially divisive issues in U.S. politics, with opponents often citing religious beliefs to call it immoral, while abortion-rights advocates say the bans amount to state control of women’s bodies.

Anti-abortion activists say they aim to prompt the newly installed conservative majority on the U.S. Supreme Court to overturn Roe v. Wade by enacting laws that are virtually assured of facing court challenges.

 

(Additional reporting by Gabriella Borter in New York; Editing by Scott Malone, Leslie Adler and David Gregorio)