Rust v. Sullivan

500 U.S. 173, 111 S. Ct. 1759, 114 L. Ed. 2d 233, 1991 U.S. LEXIS 2908
CourtSupreme Court of the United States
DecidedMay 23, 1991
Docket89-1391
StatusPublished
Cited by1,287 cases

This text of 500 U.S. 173 (Rust v. Sullivan) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rust v. Sullivan, 500 U.S. 173, 111 S. Ct. 1759, 114 L. Ed. 2d 233, 1991 U.S. LEXIS 2908 (1991).

Opinions

[177]*177Chief Justice Rehnquist

delivered the opinion of the Court.

These cases concern a facial challenge to Department of Health and Human Services (HHS) regulations which limit [178]*178the ability of Title X fund recipients to engage in abortion-related activities. The United States Court of Appeals for the Second Circuit upheld the regulations, finding them to be a permissible construction of the statute as well as consistent with the First and Fifth Amendments to the Constitution. We granted certiorari to resolve a split among the Courts of Appeals.1 We affirm.

I

A

In 1970, Congress enacted Title X of the Public Health Service Act (Act), 84 Stat. 1506, as amended, 42 U. S. C. §§300 to 300a-6, which provides federal funding for family-planning services. The Act authorizes the Secretary to “make grants to and enter into contracts with public or nonprofit private entities to assist in the establishment and operation of voluntary family planning projects which shall offer a broad range of acceptable and effective family planning methods and services.” § 300(a). Grants and contracts under Title X must “be made in accordance with such regulations as the Secretary may promulgate.” §300a-4(a). Section 1008 of the Act, however, provides that “[n]one of the funds appropriated under this subchapter shall be used in programs where abortion is a method of family planning.” 42 U. S. C. § 300a-6. That restriction was intended to ensure that Title X funds would “be used only to support preventive family [179]*179planning services, population research, infertility services, and other related medical, informational, and educational activities.” H. R. Conf. Rep. No. 91-1667, p. 8 (1970).

In 1988, the Secretary promulgated new regulations designed to provide “ ‘clear and operational guidance’ to grantees about how to preserve the distinction between Title X programs and abortion as a method of family planning.” 53 Fed. Reg. 2923-2924 (1988). The regulations clarify, through the definition of the term “family planning,” that Congress intended Title X funds “to be used only to support preventive family planning services.” H. R. Conf. Rep. No. 91-1667, p. 8 (emphasis added). Accordingly, Title X services are limited to “preconeeptional counseling, education, and general reproductive health care,” and expressly exclude “pregnancy care (including obstetric or prenatal care).” 42 CFR §59.2 (1989).2 The regulations “focus the emphasis of the Title X program omits traditional mission: The provision of preventive family planning services specifically designed to enable individuals to determine the number and spacing of their children, while clarifying that pregnant women must be referred to appropriate prenatal care services.” 53 Fed. Reg. 2925 (1988).

The regulations attach three principal conditions on the grant of federal funds for Title X projects. First, the regulations specify that a “Title X project may not provide counseling concerning the use of abortion as a method of family planning or provide referral for abortion as a method of family planning.” 42 CFR § 59.8(a)(1) (1989). Because Title X is limited to preconeeptional services, the program does not furnish services related to childbirth. Only in the context of a referral out of the Title X program is a pregnant woman given transitional information. § 59.8(a)(2). Title X [180]*180projects must refer every pregnant client “for appropriate prenatal and/or social services by furnishing a list of available providers that promote the welfare of mother and unborn child.” Ibid. The list may not be used indirectly to encourage or promote abortion, “such as by weighing the list of referrals in favor of health care providers which perform abortions, by including on the list of referral providers health care providers whose principal business is the' provision of abortions, by excluding available providers who do not provide abortions, or by ‘steering’ clients to providers who offer abortion as a method of family planning.” § 59.8(a)(3). The Title X project is expressly prohibited from referring a pregnant woman to an abortion provider, even upon specific request. One permissible response to such an inquiry is that “the project does not consider abortion an appropriate method of family planning and therefore does not counsel or refer for abortion. ” § 59.8(b)(5).

Second, the regulations broadly prohibit a Title X project from engaging in activities that “encourage, promote or advocate abortion as a method of family planning.” §59.10(a). Forbidden activities include lobbying for legislation that would increase the availability of abortion as a method of family planning, developing or disseminating materials advocating abortion as a method of family planning, providing speakers to promote abortion as a method of family planning, using legal action to make abortion available in any way as a method of family planning, and paying dues to any group that advocates abortion as a method of family planning as a substantial part of its activities. Ibid.

Third, the regulations require that Title X projects be organized so that they are “physically and financially separate” from prohibited abortion activities. §59.9. To be deemed physically and financially separate, “a Title X project must have an objective integrity and independence from prohibited activities. Mere bookkeeping separation of Title X funds from other-monies is not sufficient.” Ibid. The regulations [181]*181provide a list of nonexclusive factors for the Secretary to consider in conducting a case-by-case determination of objective integrity and independence, such as the existence of separate accounting records and separate personnel, and the degree of physical separation of the project from facilities for prohibited activities. Ibid.

B

Petitioners are Title X grantees and doctors who supervise Title X funds suing on behalf of themselves and their patients. Respondent is the Secretary of HHS. After the regulations had been promulgated, but before they had been applied, petitioners filed two separate actions, later consolidated, challenging the facial validity of the regulations and seeking declaratory and injunctive relief to prevent implementation of the regulations. Petitioners challenged the regulations on the grounds that they were not authorized by Title X and that they violate the First and Fifth Amendment rights of Title X clients and the First Amendment rights of Title X health providers. After initially granting petitioners a preliminary injunction, the District Court rejected petitioners’ statutory and constitutional challenges to the regulations and granted summary judgment in favor of the Secretary. New York v. Bowen, 690 F. Supp. 1261 (SDNY 1988).

A panel of the Court of Appeals for the Second Circuit affirmed. 889 F. 2d 401 (1989). Applying this Court’s decision in Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc., 467 U. S.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Thakur v. Trump
Ninth Circuit, 2025
Jennings v. Rodriguez
583 U.S. 281 (Supreme Court, 2018)
Gilbert v. James
District of Columbia, 2018
In Re: Erik Brunetti
877 F.3d 1330 (Federal Circuit, 2017)
Glacier Fish Company v. Penny Pritzker
832 F.3d 1113 (Ninth Circuit, 2016)
Augustin Valenzuela Gallardo v. Loretta E. Lynch
818 F.3d 808 (Ninth Circuit, 2016)
Welch v. Brown
907 F. Supp. 2d 1102 (E.D. California, 2012)
Untitled Texas Attorney General Opinion
Texas Attorney General Reports, 2011
Men & Women Against Discrimination v. Family Protection Services Board
725 S.E.2d 756 (West Virginia Supreme Court, 2011)
Harris v. Commonwealth
338 S.W.3d 222 (Kentucky Supreme Court, 2011)
Kalman v. Cortes
723 F. Supp. 2d 766 (E.D. Pennsylvania, 2010)
Policastro v. Tenafly Board of Education
710 F. Supp. 2d 495 (D. New Jersey, 2010)
United States v. Cossey
637 F. Supp. 2d 881 (D. Montana, 2009)
DeJohn v. Temple University
537 F.3d 301 (Third Circuit, 2008)
ARIZONA CONTRACTORS ASS'N INC. v. Candelaria
534 F. Supp. 2d 1036 (D. Arizona, 2008)
Daker v. Ferrero
475 F. Supp. 2d 1325 (N.D. Georgia, 2007)

Cite This Page — Counsel Stack

Bluebook (online)
500 U.S. 173, 111 S. Ct. 1759, 114 L. Ed. 2d 233, 1991 U.S. LEXIS 2908, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rust-v-sullivan-scotus-1991.