NATIONAL FAMILY PLANNING AND REPRODUCTIVE HEALTH ASSOCIATION, INC. V. SULLIVAN
979 F.2d 227 (D.C. Cir. 1992)
NATURE OF THE CASE: This was a dispute over doctor's being allowed to counsel an
abortion. Sullivan (D) challenged an order granting various health associations (Ps),
injunctive and declaratory relief that enjoined D from proceeding with the enforcement of
new directives without first adhering to the requirements of 5 U.S.C.S. 553 of the
Administrative Procedure Act.
FACTS: Title X stated that none of the funds appropriated hereunder were to be used in
programs where abortion was a method of family planning. In 1988, HHS promulgated by notice
and comment new rule making regulations that established a much broader prohibition on
abortion counseling. The Supreme Court upheld both the constitutional and statutory validity
of these regulations in Rust; that these regulations interfered with the doctor patient
relationship or duty to treat his patient as he thinks best. In 1991, President Bush ordered
that HHS not apply the regulations in such a way that interfered with the doctor patient
relationship. The Secretary of HHS complied with this request by issuing a memo to effect
the desires of the President. Ps filed suit asserting that this process did not comply with
notice and comment procedures of the APA. The district court agreed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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