Legal analysis from Dean's Law Dictionary will be displayed here.

This section contains the nature of the case and procedural background.

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 rulemaking 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 affect 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.

The legal issues presented in this case will be displayed here.

The court's holding and decision will be displayed here.