Leftover Biden abortion scheme takes hit in appeals court

 February 21, 2025

This story was originally published by the WND News Center.

One of the leftover pro-abortion schemes assembled while Joe Biden was in the White House has taken a direct hit in an appeals court.

It is a Biden administration rule that allowed elective abortions to be covered by the federal government under the Pregnant Workers Fairness Act that now is in jeopardy.

What happened was that the law was adopted with bipartisan support in 2021 to provide accommodations for workers who are pregnant, recently had given birth, or have "related medical conditions."

But then Joe Biden's EEOC changed the law by creating a rule that provided for abortions under "related medical conditions."

The state of Tennessee and 16 other conservative states sued under the Administrative Procedures Act but a Barack Obama-appointed judge threw it out.

Now those claims have been reinstated by the 8th U.S. Circuit Court of Appeals which concluded the states have standing.

A report at Courthouse News explains, "The order reverses a lower court finding that the states failed to cite specific injuries and hadn't made a compelling case for enjoining the regulation nationwide."

Chief U.S Circuit Judge Steven Colloton has ruled states are, in fact, the object of the Biden regulation, as they are employers under the act.

His decision said, "Because the states are the object of an agency action, they are injured by the imposition of new regulatory obligations. The injury is caused by the agency's action, and a judicial decision setting aside the action would remedy the injury. The imposition of a regulatory burden itself causes injury."

Jonathan Skrmetti, the Tennessee attorney general, said the ruling was a win after the "Biden-era EEOC tried to rewrite the bipartisan Pregnant Workers Fairness Act into an aggressive abortion mandate."

The case was sent back to the lower courts for results in alignment with the decision.

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