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Public Health Service Act

Title X of the Public Health Service Act provides federal funding for family-planning services. Section 1008 of the statute specifies that none of the federal funds provided under Title X are to be "used in programs where abortion is a method of family planning." In 1988, the Secretary of Health and Human Services issued new regulations that, among other things, prohibited family-planning services that receive Title X funds from engaging in counseling concerning the use of abortion as a method of family planning, referrals for abortion as a method of family planning, and activities amounting to encouragement or advocacy of abortion as a method of family planning. Various Title X grantees and physicians supervising Title X funds challenged the validity of the regulations and sought an injunction against their implementation.

Were the regulations a permissible interpretation of Section 1008?

Did the regulations violate constitutional guarantees?

Please respond in 200 words or more.

Solution Preview

No, the Secretary of Health and Human Services has the authority to issue an interpretation of Section 1008. No, constitutional guarantees were violated. The reason for this is that Section 1008 of the Public Health Service Act clarifies that none of the federal funds disbursed under the law's Title X for family planning services "shall be used in programs where abortion is a method of family planning." The point is that ...

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