What the court is considering: The Trump administration’s restrictions on Title X dollars led Planned Parenthood and other clinics in 34 states to pull out of the more than $ 250 million program, which provides birth checks and health exams to low-income women. While Title X funding cannot be used for abortions due to long-standing federal restrictions, anti-abortion groups argue federal dollars should be cut from providers who help terminate a pregnancy.
The policy is in effect in all states except Maryland after lower courts sided with the Trump administration. California Attorney General Xavier Becerra, who is Biden’s choice to head the HHS, has led the legal battle against the Title X borders, alongside a group of other blue states and the American Medical Association. If confirmed to the HHS position, he would likely oversee the policy reversal.
Under the public charge rule, those who use or are likely to use Medicaid, food stamps, and other safety net programs would be subject to more scrutiny from officers. immigration. A year ago, the High Court allowed the policy to go into effect as the Covid-19 pandemic began, despite objections from immigrant advocates and Democrats who said it would lead to a sharp drop in participation in the Federal safety net programs among immigrants who fear losing their legal status. status. The policy was subsequently frozen in lower courts while it was subject to further legal scrutiny.
Why is this important: Even if Biden is expected to reverse Trump’s policies, a favorable Supreme Court ruling before that happens could make it easier for future Republican administrations to restore them.
Cutting Title X funding to Planned Parenthood was a major victory for anti-abortion groups allied with the Trump administration, but the women’s health organization receives a lot of Medicaid funding. Still, reproductive rights groups say the rules have cut an estimated 1.6 million patients from free or low-cost care.
And after: The the court is likely to schedule the cases for this spring, and it will take time for the Biden administration to unwind the policies.
The administration has not given a timeline for overturning either policy, and it’s not as simple as wiping them out with an executive order. Both policies are expected to be rescinded through formal regulation that meets legal and regulatory requirements. The administration can approach this process even more cautiously with a federal court system made more conservative with more than 200 people appointed by Trump.