Court May Loosen Donald Trump’s Hold On D.C. Speech Restrictions

A federal appeals court suggested yesterday that it may significantly reduce President Donald Trump’s gag order on using public funds for a Washington, D.C. abortion clinic. The order had been extended in July, by U.S. District Judge Richard Leon, making it a requirement that the District of Columbia’s Department of Healthcare Finance could not use any federal funds to support clinics that provide abortions, except in rare cases when medical necessity was at play. The U.S. Court of Appeals for the D.C., though, offered the suggestion that the order should not be as broad as it currently stands, noting that Leon’s original ruling had “overboarded” when it extended to all D.C. funded abortion clinics beyond just those directly supported by federal funds. The appeals court suggested Leon’s original scope had been far too broad, and that it should only affect federally-funded clinics and not those subsidised by the district. The two judges on the court, Karen Lecraft Henderson and Judith Rogers, argued that the gag order should only include clinics that received direct federal funds. The suggestion from the court was supported by the ACLU, who wrote an Amicus Brief against the ruling, arguing it was unconstitutional and put a blanket ban not only on providers, but on patients’ decision making and access to information and services. The finding did not revoke Leon’s ruling, but the suggestion has given some hope to those groups fighting to uphold and promote women’s healthcare rights in the capital. It remains to be seen what the District of Columbia’s Department of Healthcare Finance will decide, and whether the appeals court’s suggestion will be taken on board. The decision could have far reaching consequences if implemented, helping to restore access to abortion for many women in the D.C. area.