Commonwealth of Virginia
Office of the Attorney General
202 North Ninth Street
For media inquiries only, contact:
Charlotte Gomer, Press Secretary
Mobile: (804) 512-2552
ATTORNEY GENERAL HERRING SEEKS SUPREME COURT REVIEW OF TRUMP ADMINISTRATION’S TITLE X FAMILY PLANNING RULE
~ Herring joins coalition of 22 attorneys general in filing a petition to review of the U.S. Court of Appeals for the Ninth Circuit’s decision to uphold the Trump Administration’s dangerous Title X rule, which dismantles the nation’s family planning program ~
RICHMOND – Attorney General Mark R. Herring has joined a coalition of 22 attorneys general in filing a petition to the U.S. Supreme Court in seeking review of the U.S. Court of Appeals for the Ninth Circuit’s decision to uphold the Trump Administration’s Title X rule, which dismantles the nation’s family planning program. The Trump Administration’s rule restricts access to critical preventative healthcare and access to birth control, and prohibits doctors from providing accurate information to patients on their healthcare options including referrals for abortion. Attorney General Herring and his colleagues join the American Medical Association, the Oregon Medical Association, Planned Parenthood Federation of America, the National Family Planning & Reproductive Health Association, and Essential Access health in filing the petition.
“Women in low-income communities rely on the family planning programs under Title X to receive critical reproductive and preventative healthcare, as well as access to birth control and accurate information about their healthcare options. The Trump Administration’s Title X rule is incredibly dangerous and has already proven to be damaging to low-income communities across the country,” said Attorney General Herring. “From day one, the Trump Administration has attempted to limit a woman’s ability to make her own choices about her healthcare. I won’t stop fighting against these illegal and misguided policies that put the health of women in Virginia in danger and threaten the relationship between a woman and her doctor.”
The Title X family planning program is instrumental in the delivery of preventive and reproductive healthcare to low-income women and families. In 2019, the Department of Health and Human Services (HHS) issued a rule imposing major changes on the Title X program including:
- Limiting the information that can be shared with a patient at a Title X clinic;
- Prohibiting referrals for abortion, even when a patient specifically requests;
- Mandating referrals for prenatal care for all patients, even if this care is not requested; and
- Requiring physician and financial separation for clinics for Title X funded services from abortion care.
Before 2019, the Title X program funded a wide array of critical public health services, including family planning counseling, access to FDA-approved contraceptive methods, pelvic exams, and crucial screenings for high blood pressure, anemia, diabetes, sexually transmitted diseases and infections, and cervical and breast cancer. The Trump-Pence Administration’s new Title X rule, however, has harmed the Title X program nationwide.
In 2017, more than 50,000 Virginians received care through the Title X program, 65% of whom were uninsured, and in 38% of Virginia localities the Title X provider is the only public healthcare provider.
In 13 states, more than 50 percent of Title X grantees have withdrawn from the program, and several states no longer have any Title X providers. New providers have not filled the gap caused by the withdrawals because these providers don’t provide family planning counseling or birth control. As a result, states have faced increased burdens to meet residents’ needs for essential healthcare.
Previously, Attorney General Herring secured a preliminary injunction blocking the Trump Administration's Title X “Gag Rule”. Attorney General Herring also filed an amicus brief in the U.S. Court of Appeals for the Fourth Circuit supporting the City of Baltimore in its lawsuit against the Trump Administration’s Title X rule.
Joining Attorney General Herring in filing the petition are the attorneys general of California, Connecticut, Delaware, the District of Columbia, Hawaii, Illinois, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, Vermont, and Wisconsin.
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