Judge Overturns Trump Rule that Protected Doctors Opposed to Abortion

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Judge Overturns Trump Rule that Protected Doctors Opposed to Abortion



A federal judge Wednesday overturned a new Trump administration rule that protected the freedom of conscience of health care workers who are opposed to procedures such as abortion, suicide and gender-change procedures on religious or moral grounds.


The Department of Health and Human Services finalized the new rule in May, saying it protects “individuals and health care entities from discrimination” on the basis of conscience and fulfilled President Trump’s “promise to promote and protect the fundamental and unalienable rights of conscience and religious liberty.” 


But U.S. District Judge Paul A. Engelmayer, who was nominated by President Obama, ruled HHS exceeded its authority and that the rule was not needed.


“The Rule represents a classic solution in search of a problem,” Engelmayer wrote in a 147-page decision.


He acknowledged the rule protects some “important rights” and said the decision leaves HHS at liberty “to consider and promulgate rules governing these provisions.” But future rules from HHS must fit “within the confines” of the Administrative Procedure Act – a law that governs federal agencies – and within “the Constitution.” 


In May, HHS said the new rule would protect health care workers “from having to provide, participate in, pay for, provide coverage of, or refer for, services such as abortion, sterilization,…

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