In a stark reminder of why Supreme Court appointments are so crucial, pro-life medical groups are asking the high court to uphold a rule barring the federal funding of abortions.
The rule comes from the Department of Health and Human Services (HHS). While an appellate court blocked the rule, a separate one has upheld it.
Alliance Defending Freedom attorney John Bursch said no court can substitute its own policy views for those of the elected branches of government.
“The Supreme Court has already recognized that the federal government has authority to prevent Title X funds from being used for abortion,” Bursch told OneNewsNow.
“The 4th Circuit chose instead to rely on preferences of pro-abortion medical associations, (so) the Supreme Court should take this case and affirm that HHS has the authority to issue a rule that the High Court already deemed constitutional.”
The pro-life medical associations that are asking the high court to uphold the rule are the American Association of Pro-Life Obstetricians and Gynecologists and the Christian Medical and Dental Associations.
“The mayor and city council of Baltimore filed a lawsuit against HHS, claiming the rule violated the Administrative Procedure Act because it is capricious, arbitrary, and not in accordance with the law,” M. Tyler Gillett wrote for Jurist.org in September. “The district court first granted a temporary injunction against the rule, finding that the rule was likely not in accordance with the law, and later granted a permanent injunction on the grounds that the rule was arbitrary and capricious.”