NY Federal Judge Strikes Down "Conscience Rule"

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NY Federal Judge Strikes Down "Conscience Rule"


Post by TexasFilly »

A federal judge in Manhattan on Wednesday overturned the Trump administration’s expanded “conscience” rule, which would have made it easier for the government to punish health care institutions or states and cities with the loss of federal funds if they did not allow workers to object to abortion and other medical procedures on religious or moral grounds.

The rule is part of a broader agenda by the Trump administration, which says it wants to expand protections for the civil rights of health care workers, even as critics say it has weakened civil rights protections for certain patients. President Trump announced the rule last May at a Rose Garden event for the National Day of Prayer.

The judge, in a 147-page opinion, said that the Department of Health and Human Services did not have the authority to impose major portions of the rule and that the agency’s “stated justification for undertaking rule making in the first place — a purported ‘significant increase’ in civilian complaints relating to the conscience provisions — was factually untrue.”

“Where H.H.S. claimed that the rule was justified by complaints made to it, the administrative record reflects a yawning evidentiary gap,” Judge Paul A. Engelmayer of United States District Court wrote.
https://www.nytimes.com/2019/11/06/upsh ... e=Homepage

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Re: NY Federal Judge Strikes Down "Conscience Rule"


Post by noblepa »

I think that the arguments in favor of the "conscience rule" are akin to those espoused by the sovereign citizens: "I don't have to obey a law I don't agree with".

If a nurse or other health care worked doesn't approve of abortions, they shouldn't take a job in a clinic that performs abortions. If a pharmacist doesn't approve of birth control pills, he should either let another pharmacist fill the rx or find another job.

No one is forcing them to take those jobs.

If the conscience rule is allowed to stand, its a short step to a restaurant owner who believes that racial mingling is against God's will denying service to black patrons.

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Re: NY Federal Judge Strikes Down "Conscience Rule"


Post by MN-Skeptic »

Press release from Washington State - Office of the Attorney General -

Spokane federal judge agrees with AG Ferguson, strikes down unlawful Trump ‘conscience rule’
A federal judge in Spokane today ruled that the Trump Administration’s so-called “conscience rule” is unlawful, granting summary judgment in Attorney General Bob Ferguson’s legal challenge. The rule would have given health care professionals broad discretion to refuse lawful and medically necessary care to patients for religious or moral reasons, even when the patient’s life is at risk.

This case represents the Washington Attorney General’s 25 consecutive legal victory against the Trump Administration. The Washington Attorney General’s Office has yet to lose a case against the Trump Administration.

“The court agreed that all Washingtonians deserve to receive the full range of health care services,” Ferguson said. “This rule would have disproportionately harmed rural and working poor Washington families, who have no alternatives to their local health care providers, as well as LGBTQ individuals, who already face discrimination when they seek medical care.”

The lawsuit, filed in U.S. District Court for the Eastern District of Washington, argued that the rule would jeopardize access to reproductive health care, particularly for low-income, rural and working poor patients and allow providers to discriminate against LGBTQ individuals.

The Trump Administration’s “conscience rule” would have allowed health care workers to deny a patient access to medical care and services — including reproductive care, end-of-life decisions, and care for transgender patients — for moral or religious reasons, with no exception for medical emergencies. Under the rule, if the federal government believed Washington, its health care institutions, or other recipients of federal health care funds violated the rule, the federal government would be allowed to cut off all health care funding to the state — more than $10 billion per year.

Ferguson filed the lawsuit in federal court in Spokane because rural communities, including those in Eastern Washington, have fewer health care providers and would be more likely to be harmed by the rule.

On Nov. 6, a federal judge in New York found the rule was unlawful and struck it down nationwide. Today’s ruling provides an extra layer of protection against appeal by the Trump Administration.
More at the link.
MAGA - Morons Are Governing America

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