Sunday, January 18, 2009

Jane Crow HHS Rule Challenged In Court By 7 States

From the NY Times:

Seven states sued the federal government on Thursday over a new rule that expands protections for doctors and other health care workers who refuse to participate in abortions and other medical procedures because of religious or moral objections.

Attorney General Richard Blumenthal of Connecticut at a briefing on Thursday in Hartford.

Attorney General Richard Blumenthal of Connecticut filed the lawsuit in federal court in Hartford on behalf of the states — California, Illinois, Massachusetts, New Jersey, Oregon and Rhode Island, which joined Connecticut in the lawsuit. The states are seeking a court order blocking the new rule.

They claim the federal rule, issued by the Bush administration last month and set to take effect on Tuesday, would trump state laws protecting women’s access to birth control, reproductive health services and emergency contraception.

Mr. Blumenthal said the regulations were “flawed and defective” and would “unconstitutionally and unconscionably interfere with women’s health care rights.”

This lawsuit gets to the heart of what the HHS rule does. It allows people to deny girls and women their basic constitutional rights in the name of protecting constitutional rights. I first wrote about what I saw as the desire to write Jane Crow laws a few months after I started blogging.

I and many others commented on this rule when it was proposed and those comments were ignored by the Bush Administration.

H/T: Feministe

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