Public Health Service Act

Public Health Service Act
Title X of the Public Health Service Act provides federal funding for family-planning services. Section 1008 of the statute specifies that none of the federal funds provided under Title X are to be “used in programs where abortion is a method of family planning.” In 1988, the Secretary of Health and Human Services issued new regulations that, among other things, prohibited family-planning services that receive Title X funds from engaging in counseling concerning the use of abortion as a method of family planning, referrals for abortion as a method of family planning, and activities amounting to encouragement or advocacy of abortion as a method of family planning. Various Title X grantees and physicians supervising Title X funds challenged the validity of the regulations and sought an injunction against their implementation.

Were the regulations a permissible interpretation of Section 1008?

Did the regulations violate constitutional guarantees?

Please respond in 200 words or more.

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