In November, a group of pro-life obstetricians and gynecologists and a Christian medical association had asked the Supreme Court to take up the case. The group Alliance Defending Freedom (ADF) filed the amicus brief on their behalf.
"The Supreme Court has already recognized that the federal government has the authority to prevent Title X funds from being used for abortion," stated John Bursch, senior counsel and vice president of appellate advocacy for ADF.
The American Association of Pro-Life Obstetricians & Gynecologists, which claims 4,000 OB-GYN members and associates, and the Christian Medical and Dental Associations, which claims 20,000 members and 329 chapters in the United States, had petitioned the court to take the case.
The court, Bursch said, needs to "make clear that any administration, including future ones, can enforce a rule like this one if it so chooses, and that the courts can't interfere with that."
On Jan. 28, President Biden took the first step toward repealing the Protect Life Rule by instructing HHS to review the rule "and any other regulations governing the Title X program that impose undue restrictions on the use of Federal funds or women's access to complete medical information."
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A COVID relief bill under consideration in Congress would increase funding for Title X by $50 million. Some House Republicans have warned that the funding increase, coupled with the Biden administration eventually repealing the Protect Life Rule, would benefit abortion providers such as Planned Parenthood.
According to the group's latest annual report, it performed nearly 355,000 abortions in the 2020 fiscal year and received more than $618 million in government funding-both figures representing an increase from the year before.