REPRODUCTIVE HEALTH: NIFLA v. Becerra (U.S. Supreme Court, Case No. 16-1140)

CMA, along with ACOG, American Academy of Pediatrics, and other health care provider organizations, filed an amicus brief in support of the State of California to uphold California’s Reproductive Freedom, Accountability, Comprehensive Care, and Transparency (FACT) Act. The issue in this case is whether the disclosures required by the FACT Act violate the Free Speech Clause of the First Amendment.

CMA's amicus brief explained that requiring licensed facilities to inform women of the availability of comprehensive free or low-cost reproductive health care reduces delays in care that can pose significant risks to maternal and fetal health. Additionally, the brief argues that requiring unlicensed medical facilities to inform women that there are no licensed medical providers on staff allows women to make informed decisions about the pregnancy-related services that they receive and prevents such facilities from misleading women into believing that the services being offered are medically necessary or beneficial.

Oral arguments were heard before the Court on March. On June 26, 2018, the U.S. Supreme Court reversed the Ninth Circuit’s decision and held that the Reproductive FACT Act likely violates the First Amendment.