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U.S. NEWS Thursday 7 November 2019

Judge rejects Trump moral-objection rule for health care

By LARRY NEUMEISTER state sued in part because
Associated Press the rule "was an unlawful
NEW YORK (AP) — A fed- attempt to allow health
eral judge on Wednesday care providers to openly
struck down a new rule, discriminate and refuse to
not yet in effect, that al- provide necessary health
lowed health care provid- care to patients based on
ers to refuse participation providers' 'religious beliefs
in abortions and other ser- or moral objections.'"
vices on moral or religious The rule emerged after
grounds. President Donald Trump in
U.S. District Judge Paul A. May 2017 signed an exec-
Engelmayer in New York utive order instructing the
said he was tossing out the attorney general to issue
rule in its entirety. guidance interpreting reli-
The decision came after gious liberty protections in
19 states, the District of federal law. In this Tuesday, May 21, 2019 file photo, August Mulvihill, of Norwalk, Iowa, center, holds a sign
Columbia, three local gov- In May, the Department depicting a wire clothes hanger during a rally at the Statehouse in Des Moines, Iowa, to protest
ernments, health organiza- of Health and Human Ser- recent abortion bans.
tions and others sued the vices published a rule ap- Associated Press
U.S. Department of Health plying more than 30 "Con- entity's federal health fund- sued, Engelmayer noted, put limits on an employer's
and Human Services. science Provisions" that ing if it violates one of the the president said it con- ability to inquire about
The rule let clinicians object must be complied with for provisions. ferred "new protections." conscience objections, the
to providing abortions and an entity to receive federal At the time the rule was is- The rule, for the first time, judge said.q
other services that conflict funding.
with their moral and reli- Lawsuits challenging the
gious beliefs. rule argued that the de-
Engelmayer said his ruling partment exceeded its au-
came in three consolidat- thority in establishing the
ed lawsuits. rule, violated the Constitu-
Health and Human Servic- tion and acted in an arbi-
es and the Justice Depart- trary and capricious man-
ment are reviewing the rul- ner in creating it.
ing but "will not comment Engelmayer, who was ap-
on the pending litigation at pointed by Democratic
this time," said Caitlin Oak- President Barack Obama,
ley, a Health and Human wrote that existing laws al-
Services spokeswoman. ready define the duties of
Plaintiffs had argued that employers with respect to
the rule was unconstitu- religious objections.
tional because it would The 2019 rule, which had
be discriminatory and stall been set to take effect
access to health care for late this month, would ef-
populations nationwide. fectively supersede exist-
"The court heard clear and ing law in the health care
compelling arguments field, he said.
about the harm communi- The judge rejected argu-
ties face when our health ments that the rule was
care system is distorted to "mere housekeeping."
the point in which a pa- Rather, he said, it relocates
tient's health care needs "the who, what, when,
are not paramount," said where, and how — of con-
Clare Coleman, president science protection under
of the National Family federal law."
Planning & Reproductive The Department of Health
Health Association, one of and Human Services
the plaintiffs. lacked authority to create
New York Attorney Gen- major portions of its rule,
eral Letitia James said the including to terminate an