October 27, 2024. This week, the Alliance Defending Freedom (“ADF”), who, along with the Heritage Foundation, utilize aggressive legal strategies aimed at implementing Project 2025, struck again.
As the leader in the fight against women’s rights, particularly access to reproductive healthcare, ADF filed a lawsuit, Purl v. US Department of Health and Human Services. A multifaceted attack on access to reproductive and gender-affirming care and the authority of federal agencies, as well as another attempt to establish fetal personhood. All Project 2025 priorities.
The case challenges a new federal regulation, which takes effect later this year, is designed to protect patient privacy with respect to access to abortion and gender-affirming care. The regulation, issued by the Department of Health and Human Services pursuant to its authority under the Health Insurance Portability and Accountability Act of 1996, prohibits healthcare providers and insurers from giving state law enforcement authorities information about reproductive healthcare. The regulation also provides criminal penalties, including fines and prison time, for violations.
We know where this is headed.
The Purl case was filed in the Northern District of Texas and will be heard Judge Matthew Kacsmaryk, the go-to jurist for ADF and the Heritage Foundation. Recall that Judge Kacsmaryk originally invalidated FDA approval of mifepristone, the drug used for abortions, in Alliance for Hippocratic Medicine v. FDA. Shattering Glass filed an amicus brief at each stage of the litigation, and fortunately, for now, Kacsmaryk’s decision was reversed.
Nonetheless, with Judge Kacsmaryk presiding over the Purl case, it is, most assuredly, on the fast track to the US Supreme Court.
As discussed in greater detail, in “Voting Isn’t Enough,” and our recent blog, “The Train’s Left the Station and is Coming Off the Tracks,” Project 2025 is already being implemented in the courts. The Purl case is simply the most recent example.
We need the Equal Rights Amendment published immediately as the 28th Amendment to stop Project 2025, which poses an imminent threat, regardless of the outcome of the 2024 Elections.
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