Federal judge strikes down rule allowing health care providers to refuse service on religious grounds News
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Federal judge strikes down rule allowing health care providers to refuse service on religious grounds

A judge for the US District Court for the Southern District of New York on Wednesday struck down a proposed rule that would have allowed health care providers to turn away patients seeking abortions and other treatments based on the providers’ religious views.

The rule was set to take effect later this month but was challenged by 19 states and three local governments.

US District Judge Paul Engelmayer struck down the rule in its entirety. Engelmayer was tasked with not only evaluating the rule on its merits but also on its ability to pass the arbitrary and capricious standard outlined by the constitution.

“With respect to all Conscience Provisions, [the US Department of Health and Human Services (HHS)] acted arbitrarily and capriciously in promulgating the Rule, in violation of § 706(2)(A) of the [Administrative Procedure Act], because (1) HHS’s stated reasons for undertaking rule making are not substantiated by the record before the agency, (2) HHS did not adequately explain its change in policy, and (3) HHS failed to consider important aspects of the problem before it.”

The government’s rationale behind the rule was that there was a void in enforcement options for health care providers. Engelmayer found no direct evidence of this void and therefore found the rule to be unnecessary.

“The Court therefore holds that HHS failed adequately to consider two important aspects of the problem—the Rule’s application to emergencies, and the Rule’s interplay with Title VII. This lapse made the Rule’s promulgation arbitrary and capricious.”

Another challenge to this rule is currently pending in California.