HHS Birth Control Rule Unlawful, Federal Judge in Texas Says (2)

December 21, 2022, 1:35 PM UTCUpdated: December 22, 2022, 2:00 PM UTC

A federal judge in Texas has set aside a rule that prohibits federal family planning providers from telling parents about their children’s request for birth control and related services, at least for now.

The Health and Human Services Department’s rule governing its Title X program is contrary to constitutional rights and in excess of the HHS secretary’s statutory authority, Judge Matthew J. Kacsmaryk, of the US District Court for the Northern District of Texas, said in Tuesday’s final judgment.

But Kacsmaryk also agreed to consider HHS’ argument that the remedy doesn’t apply here. Setting aside an agency rule is ...

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