
President Donald J. Trump gestures with a fist pump as he walks across the South Lawn of the White House Thursday, Jan. 23, 2020, to board Marine One and begin his trip to Miami, Florida. (Official White House photo by Joyce N. Boghosian)
A federal appeals court that once was a favorite venue for leftists has changed significantly, with President Trump's 10 appointments to the bench there.
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And nowhere is that more obvious than in a decision on Monday that allows enforcement of a Trump administration rule that bans federal funding to businesses that refer women for abortion.
Three separate orders from district court judges that had prevented Trump's pro-life strategy from being imposed were struck down.
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The 9th Circuit has for years been the go-to place for progressives who want a progressive ruling. But Trump's high-speed judicial appointment process has foiled them this time.
In a 7-4 decision, the court's judges rejected arguments that a rule set up under the Title X federal funding program for family planning services for low-income and uninsured people violated anyone's rights.
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Judge Sandra Ikuta, an appointee of President George W. Bush, said the ban on funding for locations that promote abortion is a "reasonable interpretation" of Title X.
That states that it prohibits funding with Title X money programs "where abortion is a method of family planning."
According to Courthouse News, "Ikuta and the majority found the rule consistent with the 1991 Supreme Court decision Rust v. Sullivan, which upheld a similar Reagan administration rule that forbade Title X-funded providers from advocating abortion."
The opinion found, "The Supreme Court has long made a distinction between regulations that impose burdens on health care providers and their clients and those that merely reflect Congress’s choice not to subsidize certain activities."
Ikuta's decision started out with the simple explanation, "Title X of the Public Health Service Act gives the Department of Health and Human Services authority to make grants to support 'voluntary family planning projects' for the purpose of offering 'a broad range of acceptable and effective family planning methods and services.'"
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The opinion notes, "Section 1008 of Title X prohibits grant funds from 'being used in programs where abortion is a method of family planning.'"
While pro-abortion presidents have at times relaxed that rule, which earlier was affirmed by the U.S. Supreme Court, the Trump rules are within the law, the opinion said.
That court ruling concluded it was just part of Congress' decision on how to allocate public funds.
Several attempts in Congress to change that – to allow federal money for abortion counseling – failed.
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It was this program from which the Planned Parenthood abortion business dropped last year.
It had been serving 1.6 million but said it couldn't continue to work with groups that didn't promote abortion.
The injunctions had come from lower courts in Washington state, California and Oregon.