STATE
BlueMountainEagle.com
Wednesday, May 1, 2019
A9
Judge sides with Oregon, imposes injunction against Trump rule change
National injunction
will prevent
abortion-related
changes from
taking effect
May 3
By Aubrey Wieber
Oregon Capital Bureau
A U.S. District Court
judge on Monday sided with
Oregon to stop a Trump
administration rule change
on reproductive health care
from going into effect.
The policy shift would
have required clinics pro-
viding reproductive health
care services to low-income
people across the country
to physically separate any
abortion services, including
discussions about abortions,
from the rest of the clinic.
Judge Michael McShane
gave a scathing critique in
his written opinion, which
imposes
a
nationwide
injunction on the proposed
rule change to the Title X
program.
The change, proposed
by the U.S. Department of
Health and Human Ser-
vices, would essentially
result in such clinics having
to build a separate building.
It would force them to seg-
regate things like electronic
records.
“Given the chaos and
incompetence at the fed-
eral level, it’s really key
that states step up to protect
our values and our citizens
from federal policies that are
designed to achieve short-
term political gains,” Gov.
Kate Brown said at a news
conference Monday.
While the change was
Contributed photo/AFBF
President Donald Trump
addresses the 100th Annual
American
Farm
Bureau
Federation Convention in
New Orleans on Jan. 14.
Oregon Attorney General Ellen Rosenblum got a win April 23 when a federal judge ruled in
her favor in a lawsuit over abortion rule changes.
proposed at HHS, it is widely
seen as a Trump-era policy
shift to try to defund Planned
Parenthood and limit abor-
tion access. Planned Parent-
hood receives 40 percent of
Title X funds.
“At best, the Final Rule
is a solution in search of a
problem,” McShane wrote
in his opinion. “At worst, it
is a ham-fi sted approach to
health policy that recklessly
disregards the health out-
comes of women, families
and communities.”
Had McShane not ruled,
the change would have gone
into effect May 3. His rul-
ing puts the change on pause
while Oregon and other
states sue over the policy
change. The U.S. Depart-
ment of Justice can appeal
the decision.
Oregon sued HHS Direc-
tor Alex Azar over the pro-
posed change March 4.
Washington, D.C., and 19
other states joined the law-
suit. Planned Parenthood
and the American Medical
Association fi led a compan-
ion lawsuit and argued with
Rosenblum’s team in court
last week.
Lisa Gardner, CEO of
Planned Parenthood of
southwestern Oregon, said
during the news conference
that the Title X program
provides services to 50,000
Oregonians and 4 million
people nationwide.
“This decision from
Judge McShane recog-
nizes the incredibly harmful
prospect of gagging medi-
cal providers and limiting
their ability to provide full
and accurate information to
patients,” Gardner said.
Oregon has joined law-
suits against the Trump
administration often over
the past two years, but this
Pamplin Media Group
was the fi rst suit Attorney
General Ellen Rosenblum’s
team led.
“Doctors and medical
providers around the coun-
try who work in Title X clin-
ics will not have to censor
what they say to patients,
or tell patients who ask for
information about abortion
that they are not able to pro-
vide them with that infor-
mation,” Rosenblum said
Monday.
Her attorneys argued for
the injunction on April 23
in federal court in Portland.
McShane ruled in favor of
the injunction but said he
was undecided on its scope.
It could have been geo-
graphically narrowed or nar-
rowed to just the plaintiffs,
but in his Monday ruling,
McShane said it’s a nation-
wide injunction.
Washington and Califor-
nia each fi led their own law-
suits. Last week, a judge in
Washington issued a nation-
wide injunction, and a judge
in California issued a state-
wide injunction.
In court and in his opin-
ion, McShane took repeated
shots at the U.S. Department
of Justice lawyers in their
attempts to explain the rule
change. He praised Rosen-
blum’s team for providing
detailed motions based on
data showing the repercus-
sions of such a change. The
federal lawyers said they felt
it was legal.
“Without revealing what
evidence, if any, helped
shape its opinions, HHS
essentially says, ‘Trust us,
this will work out fi ne,’”
McShane wrote.
McShane’s opinion was
so biting that Rosenblum
quoted him at length during
Monday’s press conference.
The Title X program was
implemented in 1970 as a
way to limit unwanted preg-
nancies. It provides fund-
ing for contraception, well-
ness exams, cervical cancer
screenings, treatment for
sexually transmitted dis-
eases and more. It does not
provide funding for abor-
tions, and there is no evi-
dence of the funding being
misused in the program’s
50-year history, according to
court documents.
“In the guise of ‘program
integrity,’ the Gag Rule pre-
vents doctors from behaving
like informed profession-
als,” McShane wrote about
the provision barring doctors
from discussing abortion
with patients. “It prevents
counselors from provid-
ing comprehensive counsel-
ing. It prevents low-income
women from making an
informed and independent
medical decision.”
McShane ruled that
the rule change would be
incredibly impactful, caus-
ing unwanted pregnan-
cies, less cancer detection
and fewer sexually trans-
mitted infection screenings.
Because services would dry
up in some areas, it would
also — ironically — lead to
more abortions, he said.
“Should the Final Rule
go into effect in mere days,
the risk of irreparable dam-
age to the health of women
and communities is grave,”
McShane wrote.
Brown, who was actively
involved in the decision to
take the lead on the lawsuit,
said this kind of work is the
reason she asked the leg-
islature to approve $2 mil-
lion to fund lawsuits against
the Trump administration.
Those funds have yet to be
approved.
Committee’s vaccine bill approval provokes backlash
By Aubrey Wieber
Oregon Capital Bureau
It doesn’t raise taxes, reg-
ulate industry or control guns,
but in some ways a proposal
to remove nonmedical exemp-
tions for vaccines is the most
controversial piece of legisla-
tion in the 2019 session.
House Bill 3063 has reli-
ably turned up throngs of
opposition in a way no others
have. The $100,000 the bill
would cost to implement is
its least controversial aspect.
It’s created tense moments
between constituents and law-
makers. In every public hear-
ing since the bill was intro-
duced, mothers opposing the
bill have broken into tears.
If passed, HB 3063 would
require children in pub-
lic and private schools to be
fully vaccinated. Parents who
don’t want to vaccinate their
child could homeschool them
or enroll them in an online
school.
On April 23, the controver-
sial bill pulled between 1,000
and 2,000 people, depending
on who you ask, to a rally on
the Capitol steps.
“I have not seen that at this
Capitol,” said three-term Rep.
Cedrick Hayden, R-Roseburg.
“I have seen groups that are
of one party affi liation, but
the melting pot of the peo-
ple there, politically, I haven’t
seen.”
The bill is oddly bipartisan.
There are bipartisan sponsors,
and lawmakers from both par-
ties have testifi ed against it.
Last week, Sen. Chuck
Thomsen, R-Hood River,
spoke on the Senate fl oor on
consecutive days in support
of the legislation. In an inter-
view, Thomsen said his wife
and daughter are passionately
in favor of HB 3063. He is a
sponsor of the bill.
Thomsen said “anti-vaxx-
ers” pay advertising fi rms
thousands of dollars to fl ood
his and others’ email inboxes.
Opponents show up at the
Capitol demanding to be
heard.
He has spoken out on the
Senate fl oor to keep the issue
on peoples’ minds and let
other lawmakers know there
are two sides to this debate.
‘Established science’
For decades, Ameri-
cans put faith in vaccines as
they eradicated horrifi c dis-
eases like polio and small-
pox. But a 1998 study in the
medical journal The Lancet
claimed to link childhood vac-
cinations with a host of mal-
adies, including autism. Even
though that study fueled the
rise of vaccination skepticism,
a January 2011 article in the
British Medical Journal called
the 1998 study “an elaborate
fraud.” The Lancet retracted
the article after British med-
ical offi cials accused the
authors of unethical behavior.
In today’s political climate,
rife with government distrust
and fl ush with conspiracy the-
ories, vaccines have become a
target of vigorous dissent and
grassroots anger. State Sen.
Rob Wagner, D-Tualatin, said
issues dealing with constitu-
tional interpretation or per-
ceived government overreach
are always controversial, but
aside from some gun-con-
trol legislation, he hasn’t seen
an issue stir this much pub-
lic emotion and fervor this
session. He called the debate
“exceedingly
emotionally
charged.”
“It’s established science,”
Wagner said. “The medical
provider community is solidly
behind it, and I do think that I
am very proud to be a sponsor
of the legislation.”
On April 24, the Joint Ways
and Means Subcommittee on
Health and Human Services
passed HB 3063 out of com-
mittee on a party line vote.
The hearing room was
packed. Witnesses spilled
into the hallways and over-
fl ow rooms. They again talked
about how important it is to
pass or not pass the bill. After
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Thank you, Emma—you are terrific! We also thank all of the
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repeatedly being told to not
clap or cheer in past hearings,
the crowd this time expressed
agreement with testifi ers by
raising and fl uttering their
hands.
A school district adminis-
trator said the bill was “asi-
nine.” A mother told the com-
mittee her child isn’t a “guinea
pig” for them to inject with
“toxic” chemicals.
Doctors testifi ed about the
rise in infant patients they care
for because they have con-
tracted vaccine-preventable
diseases due to the declining
rate of vaccinations in Ore-
gon, limiting the effective-
ness of herd immunity where
enough people are vaccinated
that it protects immunocom-
promised people from vac-
cine-preventable diseases.
The bill was sent before the
full Ways and Means commit-
tee, where co-chair Sen. Eliz-
abeth Steiner Hayward is one
of its largest supporters.
Heated debates
It appears poised to fi nd its
way to the House fl oor.
Witnesses testifying in a
handful of hearings during the
past couple of months have
said they felt this is an exam-
ple of a tyrannical govern-
ment and that lawmakers were
being bought off by phar-
maceutical companies. They
have talked about injuries they
believe their children have
sustained from vaccines, and
that the government would
“forcibly inject” their children
with “toxic chemicals.”
Doctors and public health
offi cials have countered that,
though in far lesser numbers,
by saying vaccines are rigor-
ously tested and the science
behind them is strong.
Hours of debate, the rallies
and the uncomfortable con-
frontations between lawmak-
ers and constituents doesn’t
appear to have moved the con-
versation. Before Wednes-
day’s vote, Sen. Dallas Heard,
R-Roseburg, said the legisla-
tion was being driven by the
most corrupt people in the
country — the pharmaceutical
industry — and shows the lack
of respect government has for
its citizens.
“This is probably the tough-
est bill I’ve had to speak on in
terms of keeping my emotions
under control,” Heard said
before voting against the bill.
After the gavel hit, signal-
ing another hurdle cleared for
the controversial bill, people
attending the hearing started
to lash out. Some sat and cried.
Others shouted at committee
members. One group circled
Heard to tell them how appre-
ciative they were while oth-
ers taunted lawmakers as they
walked out, singing “election
year” and “lawsuit.”
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