Analysis : Rust V. Sullivan

2653 Words11 Pages
Rust v. Sullivan
In May of 1991, America experienced the Supreme Court make a five justice majority decision to uphold the Department of Health and Human Services’ (HHS) regulations on prohibiting recipients of Title X funds from counseling patients regarding abortion, finding that this condition did not violate the recipients ' First Amendment right to freedom of speech (Stan L. Rev. 1). Prior to Rust v. Sullivan, Roe v. Wade stood as the foundational case for all abortion cases to come. Roe v. Wade initiated that a woman’s right to be free of government interference in deciding whether to have ab abortion does not imply a right to have the government subsidize that procedure. However, in Rust v. Sullivan, we are dealing with the first time the government has decided to deprive pregnant women of factually correct and medically necessary information. Chief Justice Rehnquist delivered the majority opinion addressing that the gag rule stands with the support of his claim: “The government is not denying a benefit to anyone, but is instead simply insisting that the public funds be sent for the purposes for which they were authorized.” This case brings forward major controversy making a claim that the denying of counseling regarding abortion to pregnant women can be harmful to their health and a violation of their rights stated in the First and Fifth Amendment.
In 1988, the Secretary of Health and Human services, Linus W. Sullivan, promulgated new regulations to preserve the
Get Access