For decades, federal law has provided for millions of women served by Title X the ability to access complete and accurate information on, and referrals for, all their pregnancy options—including contraception, prenatal care, adoption and safe and legal abortion. The program provides reproductive healthcare services to more than 3.9 million people, 87 percent of which are women, through funded clinics and healthcare facilities. that implemented drastic changes to the program.
It’s been six months since we started this latest fight for women’s access to reproductive healthcare. Luckily, the fight is not over. Litigation working through the judicial system could restore, or permanently alter, the Title X program. There are three cases to watch: one in the Ninth Circuit, one in the Fourth and one in the First. Ultimately, this issue could end up before the Supreme Court, but these cases aren’t over yet.
In the Fourth, the plaintiff is the City of Baltimore. After the District Court granted a preliminary injunction blocking the rule with respect to the State of Maryland, the administration appealed. On July 2, a three-judge panel ruled it could take effect in Maryland as litigation continues. All three lawsuits claim the administration’s new rule imposed on federally funded clinics violates a provision of Congress’s annual funding bill which declares that “all pregnancy counseling shall be nondirective.” The plaintiffs argue that the rule’s provisions restricting information about some pregnancy options while permitting information on others violates this requirement, because the rule purposefully “directs” or steers patients away from any referral for abortion.