A divided 9th Circuit could uphold Trump's new abortion referral rule

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A divided 9th Circuit could uphold Trump's new abortion referral rule
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Seven Republican appointees and four appointed by Democrats heard arguments Monday over Trump’s rule denying funds to groups that make abortion referrals.

A federal appeals court appeared divided along party lines Monday on whether to uphold a new Trump administration rule that denies federal family planning money to clinics that refer patients for abortions.

Judges appointed by Democrats appeared skeptical of the government’s arguments. Judges appointed by Republicans asked questions that helped the government’s case.Family planning organizations, the American Medical Assn., 22 states including California, and the District of Columbia, have challenged the rule.

Recipients also must encourage patients to discuss their situations with their families and to tell single women about the benefits of abstinence.Opponents of the rule told the 9th Circuit that it violates a congressional rider that says all counseling must be neutral. Requiring referrals for prenatal care but banning them for abortion favors one option over the other, the challengers argued.

She said several states have dropped out of the program, and there are now gaps in services in 28 states. Judge Consuelo M. Callahan, appointed by President George W. Bush, said that if the court ruled against the administration, it would suffer a hardship too.

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