Planned Parenthood and other reproductive rights organizations are leaving the door open to suing the Trump administration if it implements a policy of blocking certain doctors from discussing abortions with patients.
“We will absolutely consider all of our options and that does include litigation,” Dr. Gillian Dean, senior director of medical services at Planned Parenthood Federation of America, said in a call with reporters Thursday.
The proposed policy, which opponents are referring to as a “gag rule,” would also block doctors and nurses from telling women where they can obtain an abortion, and would cut off federal funds from organizations housed within the same building as a clinic that provides abortions.
It would specifically apply to organizations that receive federal funding under the Title X program, which funds birth control, testing of sexually transmitted diseases and cancer screenings. Roughly 41 percent of patients who are covered by the program receive these services at Planned Parenthood, and the funds are not allowed to cover abortions. Groups in favor of the Trump administration’s proposal argue that the federal funds indirectly pay for abortions because they free up money in other areas.
Clare Coleman, president and CEO of the National Family Planning and Reproductive Health Association, said that her organization would also “seriously contemplate legal action” and “fight all the way.” The proposed policy would affect not just Planned Parenthood but other organizations whose patients arrive at their facilities to learn about abortion.
“Our grantees are incredibly committed to the program and want to protect the integrity of the program,” Coleman said.
Dean said Planned Parenthood would still be applying to participate in the grants. The organization is already suing the Trump administration for promoting less effective forms of birth control and for its abstinence advocacy measures on sex education.
The Trump administration’s proposal must undergo a review period in which public comments are accepted, so any lawsuits would not occur until the rule is finalized. Planned Parenthood would need to “see what the administration does to assess its impact,” Dean said.
Coleman said it would be premature to talk about specific complaints and arguments given that the proposal released is in draft form at this time.
The rule is similar to a 1988 policy under former President Ronald Reagan, which required family planning services to have a “physical separation” and “separate personnel” from abortion providers. The proposal also blocked doctors and nurses from counseling patients about abortion and from telling them where they could go to receive one.
Planned Parenthood and other groups challenged the Reagan-era rule in court. The Supreme Court allowed the policy to move forward but it was never carried out completely. Then-President Bill Clinton rolled back the rules in 1994.
Dean said the circumstances this round may be different because the policy never fully took effect.
Sen. Patty Murray, D-Wash., who was also on the call, said that she believed constituents would come out against the policy.
“Women across the country are going to fight back for that hard-earned freedom,” she said.
