An unexpected gift for babies

The 9th U.S. Circuit Court of Appeals gave the Trump administration—and unborn babies—a surprise victory Thursday when it ruled unanimously that updates to Title X of the Public Health Service Act can go into effect. The changes will direct tax dollars away from Planned Parenthood and other abortion facilities to health centers that don’t perform or refer for abortions.

The 9th Circuit in the past has ruled against President Donald Trump’s policies, particularly those having to do with immigration. Trump has criticized the court, at one point calling it “a big thorn in our side.” Jonathan Alexandre, director of public policy at the pro-life legal group Liberty Counsel, called last week’s decision in the Title X case “a great development.”

“This is a great irony that it’s the 9th Circuit that has given us this preliminary victory, and we look forward to more pro-life wins,” he said.

The Trump administration updated the Title X rules in February to clarify that not only must federal family planning funds be used only on nonabortion services, but entities that receive Title X funds also must be physically separated from abortion centers and cannot refer for abortions.

Planned Parenthood has received about $60 million of the $286 million annual family planning grant because it says it keeps abortion and nonabortion services financially separate. The new rules put the entity’s funds on the chopping block. In April, a federal judge blocked the change to the dismay of pro-life advocates but the joy of 22 states that filed suit against the updated rules.

The appeals court did not rule on the merits of the case but simply said that the rules may go into effect while the litigation plays out.

“With today’s decision, President Trump’s [Department of Health and Human Services] is able to proceed with implementing the new Title X rule,” said Travis Weber, vice president for public policy at Family Research Council. “The finalized ‘protect life rule’ will draw a bright line between abortion and family planning programs—just as federal law requires and the Supreme Court has upheld.”

In the ruling, the 9th Circuit judges cited the 1991 U.S. Supreme Court case Rust v. Sullivan, which held that the government can favor childbirth over abortion and “implement that judgment by the allocation of public funds.”

“Absent a stay,” the judges wrote, “HHS will be forced to allow taxpayer dollars to be spent in a manner that it has concluded violates the law, as well as the government’s important policy interest in ensuring that taxpayer dollars do not go to fund or subsidize abortions.”

Alexandre said the case is far from over and could go to the U.S. Supreme Court. In the meantime, he said health facilities have 60 days to show they are compliant with the updated rules.