Ohio’s top lawyer filed suit against the Biden administration on Monday seeking to restore a Trump-era ban on abortion referrals by family planning clinics that President Joe Biden reversed earlier this month.
The action filed by Ohio Attorney General Dave Yost in U.S. District Court in Cincinnati was joined by 11 other states, including Alabama.
At issue are new federal regulations set by the Department of Health and Human Services that take the Title X federal family planning program back to the way it ran under the Obama administration, when clinics were able to refer women seeking abortions to a provider. The two rules Yost wants reinstated were passed in 2019. One required federally funded family-planning clinics to be physically and financially independent of abortion clinics. The other required them to refrain from referring patients for abortions.
‘Firewalls’ between providers
Yost said both rules were intended as firewalls between clinics’ family planning services, which can receive taxpayer funding, and their abortion services, which cannot.
“You can’t ‘follow the money’ when all the money is dumped into one pot and mixed together,” Yost said in a statement. “Federal law prohibits taxpayer funding of abortion — and that law means nothing if the federal money isn’t kept separate.”
The prohibition against family planning clinics funded under Title X using public funds for abortions was contained in the Family Planning Services and Population Research Act of 1970, Yost said.
States joining the challenge are: Alabama, Arizona, Arkansas, Florida, Kansas, Kentucky, Missouri, Nebraska, Oklahoma, South Carolina and West Virginia. Not all states participate in Title X.
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