Slate -The Trump administration just proposed a rule that would forbid all health care providers that receive federal family planning funds from providing patients with abortion referral information, even if they request it. These providers must also create a financial and physical separation between their abortion services and all other care. The rule functions as both a censorship regime and a federal TRAP law, imposing onerous requirements that will close hundreds or thousands of clinics and silence doctors who wish to inform patients of all their health care options.
It’s one of the most sweeping federal assaults on abortion providers in decades, and the courts wouldn’t even have to delve into contested abortion jurisprudence to see why the rule is obviously illegal: Congress outlawed these barriers in the Affordable Care Act, which includes language that specifically prohibits the Department of Health and Human Services from silencing doctors or regulating abortion providers out of business. Under any plausible interpretation of the ACA, this new gag rule is unlawful, and the courts should not stand for it.
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