Last month, a panel of three Republican-appointed judges in the San Francisco-based court said the so-called abortion gag rule from the Department of Health and Human Services could go into effect pending the outcome of an appeal of three lower court rulings blocking the changes to Title X.
The challengers to the administration — which include more than 20 states, Planned Parenthood and the American Medical Association — filed for an en banc court featuring 11 of the court’s judges to rehear the case last month.
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The en banc court ruled 7-4 on Thursday to maintain the three-judge panel’s order while rehearing the parties’ arguments on the district court’s temporary block of the rule.
“The order granting reconsideration en banc did not vacate the stay order itself, so it remains in effect,” the judges wrote, later adding that “the en banc court will proceed expeditiously to rehear and reconsider the merits of the Appellants’ motions for stay of the district courts’ preliminary injunction orders pending consideration of the appeals on the merits.”
Source: Federal appeals court allows abortion-referral restriction to proceed
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