On May 7th, 2021, the Ninth Circuit Court of Appeals upheld several key aspects of a Trump-era gag order issued during President Trump’s term that barred federal health workers from discussing certain controversial reproductive healthcare topics with patients, such as abortion.
The court upheld the ban on using federal funds for abortion referrals and the requirement that health care providers notify the government if they advise a patient on abortion options. It also rejected two other challenges to the policy, one which argued that the order violated health providers’ First Amendment right to free speech and the second which argued that the order constituted a violation of the Administrative Procedure Act.
The ruling is significant because it could limit the availability of reproductive healthcare information for patients who rely on federally funded clinics, such as Planned Parenthood, for their health care. It also sets an important precedent for the Trump administration’s restrictive policies, which were often challenged in court.
