Federal Judge Agrees with AMA, Strikes Down Gag Rule
A federal judge in Oregon has ordered a national ban, striking down the administration's gag rule intended to limit what physicians can say to their patients about family planning and other reproductive health matters.
[from AMA Advocacy Update]
“This is madness,” wrote U.S. District Judge Michael McShane in Portland, Oregon, in a scathing rebuke of
the Trump administration’s new Title X regulations that includes a gag
rule dictating what physicians must and must not say to their patients
in the Title X program about family planning.
“The gag rule prevents doctors from behaving like informed
professionals,” McShane wrote. “At the heart of this rule is the
arrogant assumption that government is better suited to direct the
health care of women than their medical providers.”
McShane’s ruling detailed how the regulations would violate the AMA Code of Medical Ethics,
damage public health and state economies with it, and violate
provisions of the Affordable Care Act and Administrative Procedure Act
without explaining what problem the new regulations seek to address.
The Oregon lawsuit was
led by the AMA, Planned Parenthood and its local affiliates, and the
Oregon Medical Association, but the case was consolidated with another
lawsuit and the ruling covers the plaintiffs in both cases. That
includes 20 states, the District of Columbia and individual health
McShane said a nationwide ban was appropriate because Planned
Parenthood operates in 48 states, AMA members reside in all 50 states,
AMA members provide counseling to pregnant women served by the Title X
program, and that there was “ample evidence” of potential harm to public
health across the nation.