October Term 2021
No. 20-429

American Medical Association v. Cochran

Petitioner American Medical Association, et al. · Respondent Norris Cochran, Acting Secretary of Health and Human Services, et al.

From
United States Court of Appeals for the Ninth Circuit
How it got here
writ of <i>certiorari</i>

Does the Department of Health and Human Services’ rule that prohibits and compels certain pregnancy-related speech between a Title X provider and her patient violate the Administrative Procedure Act, the Title X appropriations act, or Section 1554 of the Affordable Care Act?

Question before the Court

What happened

In 2019, the Trump administration promulgated regulations under Title X of the Public Health Services Act that prohibited the use of Title X funds in projects where clients received counseling or referrals for abortion as a method of family planning. However, a counselor providing nondirective pregnancy counseling “may discuss abortion” as long as the counselor “neither refers for, nor encourages, abortion.” Several states and private Title X grantees challenged the rule, and three district courts in three states granted preliminary injunctions against the Department of Health and Human Services (HHS) preventing enforcement of the rule.

Pending
with the majority concurring in dissent recused filed an opinion

Case path

  1. Feb 22, 2021 granted