A federal court has temporarily halted a policy that permits abortion providers in Ohio to receive grants.


A federal court of appeals has temporarily stopped the implementation of a federal rule that permits abortion clinics to receive funding from the government’s family planning program. This decision applies only to Ohio, as state health officials there argued that the policy resulted in a loss of funds for them.

The federal policy regarding family planning funds has undergone multiple revisions since 1981, specifically regarding the allowance of abortion services or referrals for such services. Following President Joe Biden’s inauguration in 2021, the administration implemented new regulations to permit funding for groups that offer abortion services.

Twelve states, all with Republican attorneys general, contested the regulation.

Last year, a judge in the U.S. District Court decided that the rules implemented by the Biden administration could continue to be enforced as the case progresses through the court system.

The majority of the three-judge panel from the 6th U.S. Circuit Court of Appeals in Cincinnati made a decision on Thursday to overrule a previous ruling regarding the distribution of grants by the federal government in Ohio. The court maintained a rule that allows funding for organizations that offer abortions outside of Ohio, and also upheld a requirement for grantees to provide referrals to abortion providers if requested, which was challenged by GOP attorneys general.

The two judges, Joan Larsen and Amul Thapar, who were chosen by former Republican President Donald Trump, stated that only Ohio had evidence of suffering irreversible damage from the policy. Ohio’s health department reported a 20% decrease in federal funding for family planning under the current policy compared to the previous regulation.

The panel of judges stated that this was due to Planned Parenthood of Greater Ohio choosing not to seek funding when referrals were prohibited. However, once the ban was lifted and referrals were permitted again, the organization, which offers abortion services, resumed its participation. As a result, the state’s health department saw a decrease of $1.8 million in their funding.

Dave Yost, the Attorney General of Ohio, stated that the outcome may require the state’s Planned Parenthood branch to alter their practices or face potential loss of financial support.

One of the judges, Karen Nelson Moore, who was appointed by former Democratic President Bill Clinton, disagreed and stated that her fellow judges have a mistaken interpretation of the regulations.

The larger case is still being processed by the court system.

The legal landscape surrounding abortion has undergone significant changes since the initial lawsuit was filed. In the previous year, the U.S. Supreme Court reversed its groundbreaking 1973 ruling in Roe v. Wade, which granted a universal right to abortion across the country.

Afterwards, the majority of states under Republican control, including those that are opposing the Biden administration’s policy, have implemented prohibitions or stringent restrictions.

The state of Ohio implemented a law prohibiting abortion once cardiac activity is detectable, typically around six weeks into pregnancy. This is often before women are aware of their pregnancy. However, a court intervened and prevented the enforcement of this law. Last month, voters passed an amendment to the state constitution that guarantees the right to abortion.