Fifth Circuit Strikes Down Biden Rule Abortion ‘Privacy’ Rule

The U.S. Department of Health and Human Services (HHS) in 2024 under Joe Biden announced a final rule that prevented prosecutors from accessing the medical records of women who obtain abortions.

The rule purportedly strengthened “privacy protections by prohibiting the use or disclosure of protected health information… by a covered health care provider, health plan, or health care clearinghouse” for conducting a criminal, civil, or administrative investigation against anyone seeking, obtaining, providing, or facilitating abortions.

A federal court just struck down this rule. From Reuters:

U.S. District Judge Matthew Kacsmaryk in Amarillo, Texas, said the U.S. Department of Health and Human Services exceeded its powers and unlawfully limited states’ ability to enforce their public health laws when it adopted the rule last year.

The Biden administration attempted to “protect” access to abortion after the U.S. Supreme Court in 2022 ruled that the Constitution did not confer a right of privacy to kill unborn babies, overturning Roe v. Wade (1973) and Planned Parenthood v. Casey (1992). The abortion issue returned to the states.

Photo credit: American Life League (Creative Commons) – Some rights reserved

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