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.

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