4th U.S. Circuit Court of Appeals Upholds Injunction of Title X Funding Rules in Maryland

Divided Court Affirms Permanent Injunction

WASHINGTON — The 4th U.S. Circuit Court of Appeals on Thursday ruled in an 8-6 decision to uphold a lower court’s decision to permanently block implementing the Trump Administration’s rules regarding Title X funding in the state of Maryland.

“Yesterday’s ruling makes Maryland the only state in the union that allows federal funds to support abortion facilities,” said Carol Tobias, president of National Right to Life. “Taxpayer funds should not be used to subsidize an industry that preys on women and their unborn children.”

Under the Trump Administration’s Title X rule, abortion facilities may not be in the same location where family planning services are delivered. The rule also states that Title X grantees may not refer for elective abortion. The rule does not cut funding for family planning but ensures that funding goes to health facilities that do not perform or promote abortion as family planning.

Writing the dissenting opinion, Judge Julius Richardson, a Trump appointee, was joined by five other judges in noting that the final rule “falls well within HHS’s established statutory authority, and the record shows that it was a product of reasoned decision making.”

Judge Richardson added, “The majority not only thumbs its nose at the Supreme Court but substitutes its own judgment for that of an executive agency accountable to the elected President.”

“The vast majority of Americans believe that using taxpayer funds to pay for abortion is wrong,” said Tobias. “This ruling defies the wishes of taxpayers.”