Department of Justice withdraws previous interpretation of the Hyde Amendment
- Executive Actions
The Office of Legal Counsel within the U.S. Department of Justice (DOJ) released a slip opinion, “Reconsidering the Application of the Hyde Amendment to the Provision of Transportation for Women Seeking Abortions,” concluding that the Hyde Amendment, a federal appropriations rider, prohibits the Department of Health and Human Services (HHS) from using funds to cover ancillary services that support abortion care, such as transportation. This decision reverses the office’s 2022 opinion and will impact multiple agencies within HHS. The new slip opinion finds that the Hyde Amendment bars the Office of Refugee Resettlement (ORR) from continuing to provide abortion transportation support for minors in its custody, unless the abortion falls under a Hyde Amendment exception, which includes pregnancies that endanger the life of the pregnant person or that result from rape or incest. Additionally, this opinion may impact the Centers for Medicare & Medicaid Services (CMS), which previously invited states to apply for Medicaid waivers that could provide federal Medicaid funding to expand access for pregnant people traveling from a state that has restricted or prohibited abortion.
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