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Tuesday, Nov 17 2015

Full Issue

High Court Opts Not To Hear Case About Planned Parenthood Documents

The case was brought by New Hampshire Right to Life, which was seeking HHS documents about a $1 million federal contract awarded to Planned Parenthood of Northern New England. The Right to Life group was concerned that the federal money might be used to subsidize abortions.

Over the dissent of two justices, the U.S. Supreme Court on Monday rejected an anti-abortion group's attempt to get more information about a $1 million federal contract awarded to Planned Parenthood for family planning and related health services. The Department of Health and Human Services awarded the contract to Planned Parenthood of Northern New England in 2011 to provide family planning services for a large portion of New Hampshire. (Totenberg, 11/16)

Justice Clarence Thomas, joined by Justice Antonin Scalia, dissented, saying disagreements in the lower courts over the scope of the open records law, the Freedom of Information Act, warranted Supreme Court review. The case, New Hampshire Right to Life v. Department of Health and Human Services, No. 14-1273, followed New Hampshire鈥檚 decision in 2011 to stop awarding money to Planned Parenthood of Northern New England after officials expressed concern that taxpayer funds were being used to subsidize abortions. The group then applied for federal money from the Department of Health and Human Services, submitting various documents in support of its request, including ones on medical standards, fees and personnel policies. After the request was approved, New Hampshire Right to Life, an anti-abortion group, asked the government for the documents under the open records law. (Liptak, 11/16)

New Hampshire Right to Life filed a disclosure request seeking government records related to the grant, as well as documents Planned Parenthood filed in connection with its application. HHS released about 2,500 pages of records, but the First U.S. Circuit Court of Appeals in Boston found that certain Planned Parenthood materials, including the organization鈥檚 Manual of Medical Standards and Guidelines, could be withheld. (Bravin, 11/16)

Normally, federal funds are dispersed by the state, but officials in New Hampshire voted not to give any money to Planned Parenthood. The federal government then decided to provide the grant directly to Planned Parenthood. New Hampshire Right to Life contends Planned Parenthood may have violated federal law by using the money to subsidize abortions. It is illegal for federal funds to be used for abortion services. (Hurley, 11/16)

The U.S. Court of Appeals for the 1st Circuit in Boston said the document was covered by an exception to the Freedom of Information Act that withholds 鈥渢rade secrets and commercial or financial information obtained from a person [and that is] privileged or confidential.鈥 Justices Clarence Thomas and Antonin Scalia said they would have accepted the case. But despite the controversy in Congress surrounding Planned Parenthood鈥檚 abortion services, the justices did not mention the procedure in discussing the case. (Barnes, 11/16)

This is part of the Morning Briefing, a summary of health policy coverage from major news organizations. Sign up for an email subscription.
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