A 2024 provision under the Health Insurance Portability and Accountability Act (HIPAA) protects reproductive health information from disclosure to law enforcement when care was legally obtained, such as in another state with abortion access. (Photo by Dave Whitney/Getty Images)
Two pending lawsuits over a 2024 federal rule protecting certain reproductive health information from disclosure are on hold while the Trump administration decides whether to appeal a Texas judge’s June decision that declared the rule unlawful and void.
U.S. District Judge Matthew Kacsmaryk issued an opinion nullifying the federal rule that shielded reproductive health information from law enforcement when care was legally obtained, such as in another state with abortion access. In this case, Dr. Carmen Purl argued that the U.S. Health and Human Services rule conflicted with the laws requiring her to report child abuse. Purl said in court documents she believes abortion and gender-affirming care fall under the definitions of child abuse.
Purl lives in the judicial district where Kacsmaryk — who has taken anti-abortion stances in the past — is the only judge. His ruling applied nationwide and took effect immediately.
Without the rule, law enforcement officials in states with abortion bans may issue subpoenas for records related to reproductive health care obtained legally in another state, as some have already recently tried to do. According to health policy nonprofit KFF, 22 states and the District of Columbia have laws limiting what reproductive health information can be obtained, but others with legal abortion access do not, such as New Hampshire and Virginia.
Abortion-rights advocates say it’s largely an intimidation tactic meant to sow fear in patients and providers. Since the Dobbs decision in 2022, anti-abortion attorney Jonathan Mitchell filed nine petitions in Texas seeking to legally question abortion funds, providers and researchers, and two individual women who sought abortions in other states, according to the Texas Tribune.
Carmel Shachar, a Harvard law professor who has extensively researched data privacy and health policy, said it’s possible for a patient to travel to a state with legal access and have that information stored in their medical records that is shared with their providers back home.
“Without the reproductive privacy rule, the concern will be, ‘OK, will some of these states that have taken a very strong stance against abortion be able to pinpoint where residents of their states travel to receive abortion care?’” Shachar said.
Tennessee plaintiffs push for separate ruling after Texas decision
Two lawsuits challenging the legality of the rule are frozen at least until the government’s Aug. 18 deadline to appeal. One case is in Missouri, and Texas Attorney General Ken Paxton filed the other. Paxton’s office had also challenged the legality of the underlying privacy rule or HIPAA established in 2000, which could have opened more avenues for state investigations if a judge agreed to throw it out. But according to recent court filings, the state is no longer asking the court to do that.
A Tennessee lawsuit includes 17 other states that heavily restrict or ban abortion as plaintiffs. Their attorneys general asked the court to find the 2024 rule unlawful because they said it impedes their right to investigate cases of waste, fraud and abuse. In the most recent court brief, attorneys for Tennessee Attorney General Jonathan Skrmetti said the case can still be decided by U.S. District Judge Katherine Crytzer, an appointee of Republican President Donald Trump.
Until judgment is affirmed on appeal and no further appellate review is available or the deadline to appeal passes, “the plaintiff states’ claims remain live and ready for this court to resolve,” the brief said.
Legal organization continues attempts to intervene so they can appeal
The Health Insurance Portability and Accountability Act (HIPAA) allows law enforcement to obtain health information for investigation purposes. But the addition of the 2024 provision under former Democratic President Joe Biden prohibited disclosure of protected health information in investigations against any person for the mere act of seeking, obtaining, or facilitating reproductive health care, to impose criminal or civil liabilities for that conduct, or to identify the person involved in seeking or obtaining that care. It also applied to gender-affirming care.
The U.S. Department of Justice did not respond to a request for comment. Whether it appeals Kacsmaryk’s ruling is in question, as the Justice Department under Trump did not address whether it thought the 2024 rule was proper and lawful prior to Kacsmaryk’s decision. Attorneys instead said they were reviewing the rule but had no other updates. In the Missouri and Tennessee cases, DOJ attorneys have argued for dismissal for other legal reasons, but also have not defended the 2024 rule itself.
In March, the DOJ dropped the case that argued the federal law mandating stabilizing emergency care should apply to those who need emergency abortion care. And in early June, U.S. Health and Human Services rescinded guidance that said that care should be required in emergencies.
Attorneys for Democracy Forward, a nonprofit legal organization, are representing Doctors for America and the cities of Columbus, Ohio, and Madison, Wisconsin, and attempted to intervene in the case because they did not expect the government to defend the rule. If they were allowed to intervene, they could appeal Kacsmaryk’s opinion striking down the rule regardless of the Trump administration’s decision.
Kacsmaryk denied their motion, while a decision in the other three cases is pending. Carrie Flaxman, senior legal adviser for Democracy Forward, said they have appealed that denial to a higher court. Given that the Department of Justice attorneys chose not to defend the rule on the merits in court proceedings, Flaxman said, she thinks they have a good argument for appeal.
Repealing the rule was a directive in Project 2025, the blueprint document for the next presidential administration published by the conservative Heritage Foundation. Several prominent anti-abortion organizations were part of the panel that drafted Project 2025, and many of the individuals involved in writing the 900-page document now work for the Trump administration.
Planned Parenthood has about 600 clinics in 48 states, and according to their calculations, more than 1.1 million patients could lose access to care because of a provision in the massive budget bill signed by President Donald Trump last week. (Photo by McKenzie Romero/Utah News Dispatch)
Days after President Donald Trump signed a massive budget bill, attorneys for Planned Parenthood Federation of America and its state members in Massachusetts and Utah filed a lawsuit Monday challenging a provision they say will affect more than 1 million patients who use their clinics across the U.S.
Planned Parenthood says if the defund provision stands, those targeted will be patients who use Medicaid as their insurance at its centers for services including birth control and cancer screenings. The organization says it only uses federal Medicaid funding for abortion in the very narrow cases allowed, including rape, incest, and to save a pregnant person’s life.
The complaint, filed in U.S. District Court of Massachusetts against U.S. Health and Human Services Secretary Robert F. Kennedy Jr. and Medicaid and Medicare administrator Dr. Mehmet Oz, challenges a provision on page 597 of the reconciliation bill. It prohibits Medicaid funding from going to any sexual and reproductive health clinics that provide abortions and received more than $800,000 in federal and state Medicaid funding in fiscal year 2023. That prohibition will last one year from the date the bill was signed.
While there may be a few independent clinics with operating budgets that high, it effectively singles out Planned Parenthood clinics. The entire organization has about 600 clinics in 48 states, and according to their calculations, more than 1.1 million patients could lose access to care because of the change in the law.
“This case is about making sure that patients who use Medicaid as their insurance to get birth control, cancer screenings, and STI testing and treatment can continue to do so at their local Planned Parenthood health center, and we will make that clear in court,” said Planned Parenthood Federation of America president and CEO Alexis McGill Johnson in a public statement.
The organization identified 200 of its clinics in 24 states that are at risk of closure with the cuts, and said nearly all of those clinics — 90% — are in states where abortion is legal. In 12 states, approximately 75% of abortion-providing Planned Parenthood health centers could close. Because of that, some reproductive health advocates have called it a backdoor nationwide abortion ban.
The nonprofit also warned that eliminating Planned Parenthood centers from the Medicaid program would likely also impact patients who use other forms of insurance, if centers are forced to cut their services or close.
Planned Parenthood argued this section of the bill is unconstitutional because it specifies and punishes them, saying it violates equal protection laws and qualifies as retaliation against free speech rights.
“The Defund Provision is a naked attempt to leverage the government’s spending power to attack and penalize Planned Parenthood and impermissibly single it out for unfavorable treatment,” the complaint says. “It does so not only because of Planned Parenthood members’ long history of providing legal abortions to patients across the country, but also because of Planned Parenthood’s unique role in advocating for policies to protect and expand access to sexual and reproductive health care, including abortion.”
The complaint also details numerous instances when Trump said he was committed to defunding Planned Parenthood in 2016 and 2017, during his first presidential term, and it highlighted the provisions of Project 2025 that called for the defunding of Planned Parenthood. Project 2025 is the blueprint document drafted by the conservative Heritage Foundation, and the administration has followed many of its directives so far.
According to the lawsuit, Planned Parenthood members have “structural independence,” meaning no member “has control over the operations or decision-making processes of another.” It’s argued in the complaint that 10 members, including plaintiff Planned Parenthood Association of Utah, don’t meet the definition of prohibited entity under the new law, because they do not provide abortion services or did not receive over $800,000 in Medicaid funds during fiscal year 2023. They say these members are not “affiliates, subsidiaries, successors, or clinics” of any prohibited entity because they are separately incorporated and independently governed.
“But these Non-Qualifying Members can take no comfort in the plain text of the statute,” reads the lawsuit. “Defendants will willfully misinterpret the statute to disqualify them from receiving federal Medicaid funding, based solely on their association with PPFA and other Planned Parenthood Members.”
“As the Trump administration guts our public health care system, we know millions will suffer and struggle to get care. We will not tolerate these attacks,” said Shireen Ghorbani, interim president of Planned Parenthood Association of Utah, in a statement. “For over 55 years, we have proudly cared for generations of Utahns, and we will always find ways to meet the health care needs of our communities. Here in Utah, we are used to politicians trying to strip away our rights for political gain. We haven’t backed down before, and we won’t now.”
Defunding will harm general wellness, not abortion care, Arizona clinic owner says
Planned Parenthood also noted in its complaint that the harms could be especially devastating because “even where alternative providers are theoretically available, those providers, who are already stretched to capacity, often do not offer the same comprehensive sexual and reproductive health service options, have long wait times for patients, and cannot accommodate the huge influx of patients who would need to find a new provider of care.”
Some clinics that operate independently of Planned Parenthood will be affected by the law as well. George Hill, president and CEO of Maine Family Planning, said they receive nearly $2 million from Medicaid funds (MaineCare) on a yearly basis, and about half of their patients are enrolled in some form of Medicaid. Hill said they plan to sue as well, but the timing is uncertain at this point. Abortion care makes up about 15% of their overall services, while the rest is routine gynecological and preventative health care, he said.
In the meantime, Hill plans to solicit as much support as possible from individual donors to keep the doors to their 19 clinics open and serving Medicaid patients.
“Whether or how long we’ll be able to do that is another question,” Hill said.
In Arizona, Dr. DeShawn Taylor operates the independent clinic Desert Star Institute for Family Planning. About 75% of the services at Desert Star are abortion related, and while Medicaid (AHCCCS in Arizona) dollars can’t be used for the procedure, Taylor said they could often at least get the initial consultation appointment covered by Medicaid.
The cuts that are coming, Taylor said, will not stop people from obtaining an abortion somehow. But there will be other downstream effects.
“People are already economically depressed,” she said. “What we’re going to see is people are still going to do what’s necessary to get (abortion) care, but what’s going to fall off is their ability to get their preventative care, their contraception, their wellness exams, those types of things.”
Smith and Wesson handguns are displayed during the 2015 NRA Annual Meeting and Exhibits in Nashville, Tenn. Nashville had the fifth-highest reported gun theft rate in 2022, with 210 incidents per 100,000 residents. (Photo by Justin Sullivan/Getty Images)
A growing number of firearms are being stolen from parked cars, especially in urban areas, according to a new report that highlights a frequently overlooked source of illegally circulating guns.
The nonpartisan think tank Council on Criminal Justice released an analysis examining five years of gun theft data reported to law enforcement in 16 cities — both urban and rural — with populations over 250,000. The analysis found that while the overall rate of reported gun thefts remained steady between 2018 and 2022, gun thefts from motor vehicles rose sharply.
The number of guns reported stolen from vehicles increased by 31% over the five-year period, while gun thefts during burglaries of homes and businesses fell by 40%. In large urban areas, the overall gun theft rate jumped by 42% between 2018 and 2022, while rural areas saw a 22% decline.
The findings are based on data from more than 2,000 law enforcement agencies across the country that consistently submitted detailed crime reports to the FBI’s National Incident-Based Reporting System between 2018 and 2022. Together, those agencies represent about 25% of the U.S. population and 12% of all law enforcement agencies nationwide.
As gun violence continues to grip communities across the country, a growing body of research suggests that firearm theft — particularly from vehicles — is a key, but often overlooked, source of weapons used in crimes. While research remains limited, some studies show stolen guns are disproportionately recovered at crime scenes, and gun violence tends to rise in areas where thefts have occurred.
Yet national data on gun theft remains sparse and there is no nationwide system for tracking stolen guns. Even basic details — such as how many guns are taken in each reported incident — are often missing from official police reports.
With crime and firearm policy high on the Trump administration’s agenda, experts say more research is urgently needed to understand how stolen guns fuel broader cycles of violence.
“We really don’t have a full national picture of stolen guns,” said Susan Parker, one of the report’s authors and a research assistant professor in the Department of Emergency Medicine at Northwestern University. “It’s really difficult to think about prevention when you don’t know much.”
The report’s findings suggest that parked cars have become a major weak point in firearm security — one that could be addressed through policy, public education and better data collection.
Some states, including Colorado and Delaware, have recently passed laws requiring firearms stored in vehicles to be locked in secure containers. In recent years, several other states have considered similar measures, including legislation mandating safe storage and stricter reporting requirements for lost or stolen guns.
Where you store your gun really matters. We see that so many of the guns that are stolen are increasingly from vehicles.
– Susan Parker, research assistant professor at Northwestern University
Currently, just 16 states and the District of Columbia require gun owners to report lost or stolen firearms to law enforcement, according to the Giffords Law Center, a nonpartisan gun safety group.
“Where you store your gun really matters. We see that so many of the guns that are stolen are increasingly from vehicles,” Parker said. “That kind of shift in how we’re carrying guns should also maybe be accompanied by shifts in how we’re thinking about keeping them safe and out of the risk of being misused.”
Among the 16 cities included in the report, Memphis, Tennessee, had the highest rate of gun thefts in 2022 — 546 reported incidents per 100,000 residents. That’s nearly double the rate in Detroit, which ranked second at 297 per 100,000, and more than 10 times higher than in Seattle, which had the lowest rate at 44 per 100,000.
Kansas City, Missouri, had the third-highest rate at 234 per 100,000, followed by Milwaukee, at 219 per 100,000, and Nashville, Tennessee, at 210 per 100,000.
While residences remained the most common place guns were stolen from overall, the share of gun thefts occurring in parking lots, garages and on roads rose significantly. By 2022, 40% of all reported gun thefts involved a vehicle, up from 31% in 2018.
Vehicle break-ins resulting in stolen firearms nearly doubled in urban areas — from 37 per 100,000 people in 2018 to 65 per 100,000 people in 2022.
As parked vehicles have become a more frequent target for thieves, the locations of those thefts have shifted. In 2018, about half of all reported gun thefts from vehicles occurred at residences. By 2022, that share had dropped to roughly 40%, while thefts from vehicles in parking lots and garages rose by 76%. The report also found significant increases in gun thefts from vehicles on roads, highways and alleys — up 59% over the five-year period.
In the most rural areas, where gun ownership is often more common, the share of vehicle break-ins that resulted in gun theft rose from 18% to 24%. In urban areas, that figure increased from 6% to 10.5%.
Stateline is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Stateline maintains editorial independence. Contact Editor Scott S. Greenberger for questions: info@stateline.org.
The seven members of the Wisconsin Supreme Court hear oral arguments. (Henry Redman/Wisconsin Examiner)
In a 4-3 decision, Wisconsin Supreme Court ruled Wednesday that the state’s 1849 law banning abortion had been “impliedly repealed” by the Legislature when it passed laws over the past half century “regulating in detail the ‘who, what, where, when, and how’” of abortion.
The Court’s majority opinion, authored by Justice Rebecca Dallet and joined by Justices Ann Walsh Bradley, Jill Karofsky and Janet Protasiewicz, finds that the Legislature could not have passed laws regulating abortion access if the 1849 statute was believed to remain in effect.
“This case is about giving effect to 50 years’ worth of laws passed by the Legislature about virtually every aspect of abortion including where, when, and how health-care providers may lawfully perform abortions,” Dallet wrote. “The Legislature, as the peoples’ representatives, remains free to change the laws with respect to abortion in the future. But the only way to give effect to what the Legislature has actually done over the last 50 years is to conclude that it impliedly repealed the 19th century near-total ban on abortion, and that [the statute] therefore does not prohibit abortion in the State of Wisconsin.”
Dallet wrote that when the Legislature passed laws restricting abortion under narrower circumstances, guiding “where, when and how” health care providers could perform an abortion and outlining how public money could fund abortion providers, it was repealing the 1849 law.
The ruling comes three years after the U.S. Supreme Court overturned Roe v. Wade, the landmark Court ruling that found there was a constitutional right to abortion access and marks the conclusion of a legal dispute that helped Protasiewicz win election to the Court in 2023 and Susan Crawford win election this April.
In response, the Court’s three conservative justices filed dissents, accusing the majority of “propaganda,” “smoke-and-mirrors legalese” and “pure policymaking.”
“The majority’s smoke-and-mirrors legalese is nothing more than ‘painting a mule to resemble a zebra, and then going zebra hunting. But paint does not change the mule into a zebra,’” Justice Annette Ziegler wrote. “Those in the majority know better, but they do so anyway because they like the result and promised to deliver it.”
In his dissent, Justice Brian Hagedorn wrote that the majority failed to show when the law was presumably repealed by the Legislature, saying that the opinion doesn’t properly address the Legislature’s actions in 2011 and 2015 amending the 1849 law.
“The majority does not say when over those 40 years the Legislature once and for all repealed [the statute],” he wrote. “Was it when the Legislature passed a postviability ban? A partial-birth abortion ban? A twenty-week ban? A waiting period? A physician licensing requirement? The majority fails to say.”
Following the ruling’s release, the state’s Democratic elected officials and abortion access activists celebrated the decision as a “win” for reproductive health care in the state.
“Thanks to our lawsuit, today’s decision affirms that access to reproductive healthcare will continue to be available, helping ensure Wisconsin women today are not forced to face firsthand what it’s like to live in a state that bans nearly all abortions, even in cases of rape and incest,” Gov. Tony Evers said in a statement. “Today is a win for women and families, a win for healthcare professionals who want to provide medically accurate care to their patients, and a win for basic freedoms in Wisconsin, but our work is not over. I will continue to fight any effort that takes away Wisconsinites’ reproductive freedom or makes reproductive healthcare, whether birth control, abortion, IVF, or fertility treatments, any less accessible in Wisconsin than it is today. That is a promise.”
Attorney General Josh Kaul, who brought the lawsuit against the law, said at a Wednesday morning news conference that the decision was an important step toward ensuring all Wisconsinites have the freedom to access abortion care, but that the Legislature should step up and further clarify the law.
“I thought we were right on the law. The arguments we made have now been vindicated,” Kaul said. “But at a time when the rights of Wisconsinites and Americans are under threat, this case is a stark reminder of how important it is that we fight for our rights, that we advocate for what is in the best interest of the people of our state, and that we stand on the side of freedom. Here today, we were able to achieve a significant victory for the freedom of Wisconsinites.”
Wisconsin’s state and federal Democratic lawmakers responded to the ruling by saying it wasn’t enough, promising to continue working to codify abortion access in law.
U.S. Sen. Tammy Baldwin said she will continue to work to enact her proposal to ensure women across the country have access to abortion care.
“Today’s ruling tells women across Wisconsin that we will not go back,” Baldwin said. “Today’s ruling tells women that our government trusts you to make decisions about your own body and your future. Today’s ruling tells women in our state that they are not second-class citizens. But, this fight is not over. Every woman, in every zip code, in every state deserves the same rights and freedoms. I will not stop fighting until we make that a reality and pass my bill to restore the right to abortion nationwide and allow women to make their own health care decisions without interference from judges or politicians.”
State Sen. Lisa Subeck (D-Madison) said the Legislature must now pass a bill guaranteeing the right to an abortion.
“Now that the courts have made it clear that Wisconsin does not have a total abortion ban, we must go further,” Subeck said. “It’s time to protect reproductive rights not just in practice, but in law. We must pass the Abortion Rights Restoration Act to guarantee the right to abortion and eliminate the medically unjustified, politically motivated restrictions that still exist in our state statutes. The people of Wisconsin deserve nothing less than full access to safe and legal reproductive health care without unnecessary barriers and free from judgement.”
In a concurring opinion, Karofsky wrote that interpreting the 1849 law as banning abortion gives the state the authority to “exert total control” over women and “strips women and pregnant people of the dignity and authority to make intimate and personal choices by exposing medical professionals who perform abortions to 15-year prison terms.”
In her opinion, Karofsky details the history of abortion access in the U.S. and highlights four women who died because of restrictive abortion bans, including the recent deaths of two Black women in Georgia and a Honduran immigrant in Texas as well as the death of her own great-grandmother in Boston in 1929.
“I tell the stories of Amber, Candi, Josseli, and my great-grandmother Julia to remind us that severe abortion restrictions operate like death warrants,” Karofsky wrote. “Under such restrictions women, children, and pregnant people are denied life-saving medical care while medical professionals are forced to sit idly at their bedsides, unable to do their jobs. Extreme abortion restrictions revive a time in our history driven by misogyny and racism, divorced from medical science; it is a world that must be left behind.”
In her dissent, Justice Rebecca Bradley accused Karofsky of rewriting history to achieve a desired outcome in the case.
“Not content with effacing the law, Chief Justice Jill Karofsky rewrites history, erases and insults women by referring to mothers as ‘pregnant people,’ slanders proponents of the pro-life perspective, and broadcasts dangerously false narratives about laws restricting abortion,” Bradley wrote. “Laden with emotion, steeped in myth, and light on the law, the concurrence reads as a parody of progressive politics rather than the opinion of a jurist.”
Rachel Castor, a single mom of two and teacher, stands outside her home in Sandpoint, Idaho. Castor’s son could not be admitted to the local hospital during an asthma attack because Bonner General Health lost its pediatrician coverage at the same time it closed the labor and delivery unit in 2023 following the Dobbs decision. (Photo by Erick Doxey for States Newsroom)
Editor’s note: This report examines the impact of the U.S. Supreme Court decision that struck down the federal right to abortion three years ago.
Of all the outcomes Rachel Castor could have predicted from Idaho’s abortion ban, her teenage son being denied hospital admission during an asthma attack wasn’t on the list.
Bonner General Hospital in Sandpoint announced its decision to end obstetric services in March 2023, roughly six months after the near-total ban took effect. Among the stated reasons were the state’s legal and political climates concerning health care, and the loss of pediatrician staffing.
Castor saw the fallout from that decision on a night in early April. Her 17-year-old son spent several hours in the Bonner General emergency room, before the staff informed her if his breathing didn’t improve enough for discharge by the morning, he would need to be transferred an hour south to the hospital in Coeur d’Alene. Bonner General had no pediatricians.
“And I was like, ‘Excuse me?’” Castor said.
Elaine Gloeckle, a 66-year-old Boise resident, said she started having trouble with urinary tract infections and hormonal balances recently and found it hard to get an appointment to see a specialist, even with a referral. It was even more difficult to see a doctor for gynecological care. That wasn’t always the case in the more than 30 years she’s lived in the area — she used to have no trouble seeing doctors.
But now for the gynecology visits, along with care for diabetes management and kidney issues, she has seen physician assistants, who are supervised by the doctors within a practice. While she has had good experiences with the assistants, it’s sometimes difficult to feel confident in their assessments when she isn’t sure how much they are consulting with doctors. And the wait times are still long — at least six weeks, usually, in her experience.
“I have no idea who the doctors are, I’ve never met them,” Gloeckle said. “And I don’t know if that means anything, or if it’s just peace of mind that there is a doctor in the mix.”
It’s been three years since the U.S. Supreme Court issued the Dobbs ruling that ended federal abortion protections and allowed more than a dozen states to implement abortion bans. States that were already struggling with physician shortages say they’re getting worse, especially in rural areas, where many labor and delivery units have also closed their doors. Clinics have closed and resources become more strained with every passing year.
Patients and providers have been left to adjust to barriers accessing abortion care; legal battles that continually redraw access lines; and heartbreak and tragedy as women die from easily treatable conditions like miscarriage and infection.
In places like Florida, Kansas and Louisiana, patients have had to find other providers who will help them with miscarriage complications, often requiring them to travel to a neighboring state with legal access because doctors in states with bans are afraid to see them. Other patients experiencing miscarriage or the threat of miscarriage have reported waiting hours in emergency rooms to be seen while hospital staff consult with attorneys about their legal exposure before taking any action. A Florida Republican lawmaker who opposes abortion said recently that she waited hours to receive treatment for an ectopic pregnancy, which is dangerous and nonviable.
Bonner General Health’s emergency room entrance in Sandpoint, Idaho. (Photo by Erick Doxey for States Newsroom)
Besides Texas, few states that implemented abortion bans after Dobbs have been as much of a spectacle as Idaho. Between a so-called “abortion trafficking” law that first passed in Idaho, the very public loss of many OB-GYNs and maternal-fetal medicine specialists, and a legal fight with the federal government over whether abortions should be permitted in emergencies — a lawsuit that made its way before the U.S. Supreme Court — the state has been a testing ground of sorts for how a near-total abortion ban can play out for communities.
Many health care providers and advocates warned it wouldn’t just be abortion care, or even pregnancy-related care, that would be affected by the Dobbs decision. Dr. Stacy Seyb, a maternal-fetal medicine specialist in Boise, said in July 2023 that the near-total ban would lead to more consequences as time went on.
“It feels like a step backward in improving the health of women and children in the state,” he told The Guardian. Soon, he warned, the state would “see a collapse in women’s health care.”
‘It makes me wonder what else we’ve lost that we don’t know about’
Bonner General Health’s obstetrics unit was one of many rural hospitals that was already struggling before Dobbs with changing community demographics that meant lower birth rates and difficulty recruiting and retaining physicians. Among its population of about 10,000, the hospital admitted fewer than 10 pediatric patients in 2022 and delivered 265 babies, a decrease from prior years.
It’s a familiar situation nationwide. More than 100 hospitals across 26 states have closed labor and delivery services since 2020. To be sure, the reasons for those closures include many more factors than abortion bans, such as low reimbursement rates from Medicaid programs for obstetrical services and difficulty recruiting and retaining physicians.
In its announcement, Bonner General representatives said they tried to recruit active and retired pediatrics providers in the area, but no long-term sustainable solutions were available.
At that time, it didn’t sink in for Castor that having no pediatrician coverage at the hospital would mean no admission to the hospital for minor children.
Sandy Brower, director of quality and risk management at Bonner General Health, told States Newsroom via email that their staff is well-equipped to see pediatrics patients, who are always seen, treated and stabilized in the emergency department. But she confirmed that the hospital does not admit minors because they have no pediatricians on staff.
“This approach is not unusual in rural health care,” Brower said. “Around the country, critical access hospitals often rely on stabilization and transfer protocols to ensure that patients … are seen in the most appropriate setting.”
Faced with the prospect of driving her son to Coeur d’Alene herself or guessing what a 44-mile ambulance ride might cost, Castor — a single mom of two and a teacher — decided to drive to the hospital she’d never been to before. But with little information to go on about the transfer process, she was left wandering around the hospital looking for the right place to go while her son’s condition deteriorated.
The inhaler used by Rachel Castor’s 17-year-old son, who has severe asthma that prompted an emergency room visit in April. He had to be transferred to Kootenai Health an hour south in Coeur d’Alene, Idaho, because the local hospital did not have pediatricians on staff. (Photo by Erick Doxey for States Newsroom)
“He’d already been away from the hospital for an hour for the drive, and he was starting to not do OK, and it was really stressful because I didn’t know what we were supposed to do,” Castor said. “He had his arms wrapped around himself and he just didn’t look good.”
Once she found her way, Castor said everything went well and they were discharged after one more night. But she was left shaken by the experience and her sense of stability about where she lives. She shares custody with a former partner who lives nearby, so it’s difficult to consider moving.
“I think everyone at the hospital is lovely, but it does seem like we don’t have all the services we need,” Castor said. “It makes me wonder what else we’ve lost that we don’t know about.”
Physician recruitment difficult for pediatrics in populous areas too
Amid the implementation of the abortion ban, Idaho’s population exploded. Between 2020 and 2024, more than 152,000 people moved in and the total number crossed 2 million statewide for the first time in its history. On top of all that, at least three clinics that provided labor and delivery services closed, including two in the Boise area, the most populous portion of the state. The combination created longer wait times and more complicated staffing scenarios.
Christine Myron, spokesperson for Idaho’s largest health care system St. Luke’s, told States Newsroom via email that the time to get an appointment with an OB-GYN has increased over the last two years in all of their service areas, which include every region of the state.
Myron also said in recent weeks, a candidate for a pediatrician position declined their offer because of the restrictive obstetrical care environment in Idaho. She said the difficulties in recruiting extend to every specialty of physicians because young families hesitate to move in.
As of Wednesday, St. Luke’s had 10 pediatric physician vacancies, including specialists for pediatric nephrology, oncology, infectious disease and endocrinology.
Shifting providers, delays frustrating while trying to conceive
For women like Cynthia Dalsing, who has lived in Sandpoint for more than 30 years, it’s difficult because of her age and location. She is 71, and a recent exam showed a polyp in her uterus that needed to be biopsied and removed. That type of exam and procedure could have been done 3 miles away from her house a few years ago, she said, before Bonner General closed its labor and delivery services.
Instead, she drove back and forth to Coeur d’Alene to complete pre-operative steps, including X-rays, blood work and an EKG, then to have the procedure, then to go back again to talk about the results.
“It’s taken weeks to get care that normally would be pretty routine,” Dalsing said. “It’s a 20-minute procedure.”
The procedure was dilation and curettage, Dalsing said, often referred to as a D&C, which is the same treatment sometimes used for an early abortion or miscarriage where pregnancy tissue needs to be removed from the uterus. When she mentioned the upcoming appointment to a friend, Dalsing said they asked if that was still allowed, given the abortion ban, not knowing it’s a common procedure for many other conditions.
“That’s how clueless and confused people are about all this,” Dalsing said.
Younger women like 36-year-old Danielle Young, who has lived in Boise since the early 2000s, report issues receiving care as well. Young said since 2016, she has switched providers five times because they kept leaving — three of those were within the past three years.
Young said she had to wait eight months for an annual gynecological wellness appointment with a nurse practitioner, and when the time came, the exam felt rushed and chaotic. After that, she decided to switch practices. Young said it took another six months to be seen by the doctor she chose, but it has been worth the wait.
At the same time, Young said she and her husband are trying to conceive, and he has had difficulties finding a clinic where he can get fertility testing. She said most of the past year has been wasted just trying to reach someone on the phone who can tell them where he should go and when he can get an appointment.
“It’s been frustrating for us, because we would like to have children or a child, and I’m getting older,” Young said.
The U.S. Senate Appropriations Committee's Labor, Health and Human Services, Education and Related Agencies Subcommittee Chair Shelley Moore Capito, R-W.V., talks with ranking Democrat Sen. Tammy Baldwin of Wisconsin on June 3, 2025 before Education Secretary Linda McMahon testified to the panel about President Donald Trump's budget request for the Education Department. The proposal includes a reduction in the maximum Pell Grant award. (Photo by Chip Somodevilla/Getty Images)
WASHINGTON — President Donald Trump wants to cut nearly $1,700 from the maximum Pell Grant award as part of his fiscal 2026 budget request — a move that would leave the subsidy for low-income students at its lowest level in more than a decade.
The proposal would have a devastating effect on college affordability and drive up costs for states because they’d have to fill in the missing federal dollars, education advocates and experts say.
The request — part of the president’s wish list for appropriations in fiscal 2026 — faces steep odds in Congress, where key members of both parties responded to the proposal with alarm.
“I don’t want to cut the Pell Grant,” U.S. Sen. Shelley Moore Capito, a West Virginia Republican and chair of the Senate Appropriations Subcommittee on Labor, Health and Human Services, Education, and Related Agencies, told States Newsroom.
“I’m concerned about that — I’m hoping that we’ll get that resolved,” she said.
Opposition from Capito, whose panel writes the annual bill to fund the Education Department, makes Trump’s wish unlikely to make its way into the upcoming legislation.
The Pell Grant is a government subsidy that helps low-income students pay for college and is the foundation of federal student aid in the United States.
Catherine Brown, senior policy and advocacy director at the National College Attainment Network, said the cut would be “absolutely devastating,” noting that “college is already out of reach for millions upon millions of low-income students.”
Funding gap
The Pell Grant program is seeing a projected budget shortfall of $2.7 billion heading into the next fiscal year, according to the nonpartisan Congressional Budget Office. The administration has cited the shortfall as a reason to decrease the maximum award.
The request calls for reducing the maximum Pell Grant for the 2026-2027 award year from $7,395 to $5,710. The last time the maximum award stood below this level was during the 2013-2014 award year, at $5,645.
Trump’s fiscal 2026 budget request includes $12 billion in total cuts to the Education Department as he and his administration seek to dismantle the agency and dramatically reshape the federal role in education.
Democrats: Cut would be ‘crazy’
Democrats have raised strong opposition, while even the Republican chair of the House Appropriations subcommittee that oversees Education Department funding was noncommittal about pursuing Pell Grant cuts.
“We want to make sure that (Pell Grants are) serving the people they need to,” Rep. Robert Aderholt of Alabama said when asked about any concerns he has on the proposed cut.
Aderholt said he’s hearing “a lot” from his constituents about the proposed reduction, and that it’s “certainly something we’re going to look at.”
Meanwhile, the leading Democrats on the House and Senate education spending panels were quick to blast the proposed cut.
Rep. Rosa DeLauro, ranking member of the full House Appropriations Committee and the education spending subcommittee, called the nearly $1,700 reduction “crazy.”
“People are not going to be able to do it, and that’s the tragedy of what they’re doing here is dismantling all of the constructs that are there to provide people particularly with public education and a pathway to success,” the Connecticut Democrat said.
“You take away Federal Work-Study, you lower the Pell Grant, that says to me, you want to destroy public education,” DeLauro said.
The budget request proposes slashing $980 million of Federal Work-Study funding and requiring employers to pay 75% of students’ hourly wages, with the government contributing 25%.
The program gives part-time employment to students with financial need in order to help cover the cost of college.
Sen. Tammy Baldwin, ranking member of the Senate subcommittee, said she “strongly” opposes the proposed reduction.
The Wisconsin Democrat said she also recognizes that “there’s a looming shortfall in Pell funding that we need to address.”
“I am hopeful that we’ll be able to work together to do that,” Baldwin said.
Advocates, experts weigh in
Higher education advocates and experts are also sounding the alarm on the proposed reduction, both over the harm to low-income students’ access to higher education and the impact on states and colleges.
“This would just much further exacerbate that gap and drive millions of students out of pursuing post-secondary education or set them on a different path,” Brown, with the National College Attainment Network, said.
Katharine Meyer, a governance studies fellow at the Brown Center on Education Policy at the nonpartisan Brookings Institution, described the proposed decline as “truly unprecedented.”
She added that when the Pell Grant is smaller, states have to spend more on higher education, creating a challenge for state officials potentially grappling with other cuts in federal support in the budget reconciliation package Republicans are scrambling to pass.
“States don’t necessarily have the flexibility to spend more money when they have budgets that they need to balance, and they’re facing other federal constraints, including potentially having to take on additional health care costs depending on what happens with health care negotiations in budget reconciliation,” she said.
Capito also said she thought a reduction to Pell Grants would ripple out to the state level.
At the institutional level, Meyer pointed out that if a state has a smaller bucket to allocate for higher education but wants to prioritize financial aid, it would “come at the cost of” the money appropriated to universities.
“Then institutions are not going to be able to spend as much on their operating funds,” she said. “They’re not going to be able to do capital improvement campaigns, which are often very necessary.”
Ties to reconciliation bill
House Republicans have also proposed major changes to Pell Grant eligibility as part of GOP lawmakers’ separate “big, beautiful bill.” The legislative package would slash billions of dollars in federal programs to offset the cost of other parts of Trump’s agenda, including extending the 2017 tax cuts and boosting border security funding.
GOP lawmakers are using the complex reconciliation process to move a package through Congress with simple majority votes in each chamber and avoid the Senate’s 60-vote threshold that generally requires bipartisanship.
The House narrowly passed its version of the reconciliation package in late May. That measure included a provision that would raise the minimum number of credit hours to qualify for the maximum Pell Grant award from 12 per semester to 15. The move would save $7.1 billion in federal spending over 10 years, the Congressional Budget Office estimated.
That new eligibility requirement is not included in the draft proposal for the reconciliation package that Republicans on the Senate Committee on Health, Education, Labor and Pensions released in June.
U.S. Senate Majority Leader John Thune, R-S.D., left, listens as Sen. Mike Crapo, R-Idaho, speaks to reporters outside of the West Wing of the White House on June 4, 2025 in Washington, D.C. after a meeting with President Donald Trump. (Photo by Anna Moneymaker/Getty Images)
This report has been updated.
WASHINGTON — President Donald Trump on Thursday told his supporters to call members of Congress and lobby them to support the “big, beautiful bill,” a crucial push with just days to go before a self-imposed Fourth of July deadline.
Trump’s plea follows several tumultuous days on Capitol Hill as GOP leaders struggled to find consensus on multiple policy disagreements, especially after the parliamentarian ruled core elements of the package don’t meet the complex rules for moving a budget reconciliation bill.
Trump during an event in the White House’s East Room that was attended by several GOP lawmakers also cautioned Republicans against voting down the tax and spending cut package.
“We don’t want to have grandstanders,” Trump said. “Not good people. They know who I’m talking about. I call them out. But we don’t need grandstanders. We have to get our country back and bring it back strong.”
Some Republican senators remain optimistic they can work through the weekend and that the House votes will come together next week, despite growing opposition from members in that chamber.
Sen. Eric Schmitt said he doesn’t think the parliamentarian’s rulings will delay the votes “outside the weekend window, which has been the goal all the time.”
“We’re probably voting into the weekend, though. That’s probably my guess — Saturday and I suppose even Sunday — but, that’s the goal, I don’t think that materially changes too much,” the Missouri Republican said.
Senate Majority Leader John Thune, R-S.D., however, appeared a bit less definite, telling reporters in the afternoon that he didn’t know when the chamber would take the procedural vote that kicks off floor consideration.
“I’ll get back to you on that,” he said.
Medicaid provisions tossed
Earlier Thursday, Senate Republicans suffered a significant setback when the parliamentarian ruled several changes to Medicaid in the bill don’t comply with the rules, which means billions of dollars in savings are no longer available for the GOP to offset the cost of tax cuts.
Finance Committee Chairman Mike Crapo. R-Idaho, must rework or completely eliminate nine changes the committee proposed to the health care programs, though more of the panel’s proposals are still under review.
Republicans can no longer reduce the amount of federal matching funds for state governments that use their own tax dollars to provide Medicaid coverage for immigrants in the country without proper documentation.
The GOP bill cannot bar gender-affirming care for Medicaid patients.
And Republicans need to change or scrap a proposal to reduce states’ Medicaid provider tax credits, an issue that is relatively in the weeds of health care policy but has sharply divided the GOP and drawn fierce opposition from states.
The changes or eliminations will have a major impact on how much in savings the GOP tax and spending cut bill will generate during the next decade and will likely make the overall package’s deficit impact higher than before. The legislation is intended to extend the 2017 tax cuts and make spending reductions.
The ruling might make it more difficult for Trump and GOP leaders in Congress to get the votes needed to pass the bill at all, let alone before their self-imposed Fourth of July timeline. Senate GOP leaders had said they wanted to begin procedural votes as soon as Friday.
Senate Budget Committee ranking member Jeff Merkley, D-Ore., who released the parliamentarian’s rulings, wrote in a statement that Democrats will continue to advocate for removing dozens of proposals from the bill that they believe don’t meet reconciliation rules.
“Republicans are scrambling to rewrite parts of this bill to continue advancing their families lose, and billionaires win agenda, but Democrats stand ready to fully scrutinize any changes and ensure the Byrd Rule is enforced,” Merkley wrote.
A staffer, who was granted anonymity to discuss the chairman’s plans, said the Finance Committee will “rework certain provisions to address the Byrd guidance and be compliant with reconciliation.”
The Byrd rule, named for former West Virginia Sen. Robert Byrd, includes several guardrails for reconciliation bills.
Finance Committee ranking member Ron Wyden, D-Ore., wrote in a statement that the parliamentarian’s ruling will lead to “more than $250 billion in health care cuts removed from the Republicans’ big bad bill.
“Democrats fought and won, striking health care cuts from this bill that would hurt Americans’ walking on an economic tightrope. This bill is rotten to its core, and I’ll keep fighting the cuts in this morally bankrupt bill until the end.”
The parliamentarian is still deciding whether several health provisions meet reconciliation rules, including language that would block all Medicaid funding from going to Planned Parenthood, effectively blocking Medicaid patients from visiting the organization for routine health services.
Federal law already bars funding for abortions with exceptions for rape, incest, or the life of the pregnant patient.
The parliamentarian will also decide later whether Republicans’ bill can block the Department of Health and Human Services from implementing a Biden-era rule that would require nursing homes to have a nurse working 24 hours a day, seven days a week.
Higher ed provisions axed
The parliamentarian also struck down several attempts from congressional Republicans to overhaul the higher education system.
GOP lawmakers cannot streamline student loan repayment options for current borrowers to just a standard repayment plan or an income-driven repayment plan, making such restrictions apply to only new borrowers.
Republicans have to nix a proposal that opened up the Pell Grant — a government subsidy that helps low-income students pay for college — to institutions that are for-profit and not accredited.
The parliamentarian scrapped a proposal that would have barred payments made by students enrolled in a medical or dental internship or residency program from counting toward Public Service Loan Forgiveness.
The federal program eliminates remaining debt for borrowers when meeting certain requirements, including working for a qualified employer within the government or nonprofit sector.
The parliamentarian rejected GOP lawmakers’ proposal to end federal student aid eligibility for certain immigrants who are not U.S. citizens.
‘Too many Medicaid cuts’
Missouri Republican Sen. Josh Hawley said the parliamentarian’s ruling on the Medicaid provider tax rate will give lawmakers “a chance to get it right.”
“This is a chance for the Senate to fix a problem that they created and not defund rural hospitals,” Hawley said, later adding he supports the House language that would freeze the rate at 6% instead of decreasing it to 3.5% over several years.
Hawley said hours before Trump’s event that he expects the president to get more involved in negotiations now that he’s back from a NATO conference in Europe and said Trump was in a “terrific mood” during a recent phone call.
“I think he wants this done. But he wants it done well. And he does not want this to be a Medicaid cuts bill,” Hawley said. “He made that very clear to me. He said this is a tax cut bill, it’s not a Medicaid cuts bill. I think he’s tired of hearing about all these Medicaid cuts, you know. As am I. It’s because there are too many Medicaid cuts.”
Louisiana Republican Sen. Bill Cassidy early Thursday night called on leaders to put the House’s language regarding Medicaid back into the bill, wiping out changes made by the Finance Committee.
“My position is that cuts, and especially drastic cuts, to Medicaid have to be avoided. The Senate bill cuts Medicaid too much,” the influential chairman of the Health, Education, Labor and Pensions Committee wrote in a social media post. “I agree with President Trump, the House version is better.”
SNAP cuts
The Agriculture Committee also is reworking parts of its bill, some being closely watched by states, to meet the rules that govern reconciliation.
Committee Chairman John Boozman, R-Ark., said he expects to hear from the parliamentarian before the end of Thursday about whether a revised state cost share provision for the Supplemental Nutrition Assistance Program that’s based on error rate payments will be in the final bill.
“It was thrown out the first time, so we actually gave her revised text. If she rules the revised text is fine, then we’ll release it,” Boozman said.
The committee released a statement later in the day announcing the parliamentarian had cleared the revised state cost share for SNAP that’s based on a state’s error payment rate.
States that have SNAP error payment rates higher than 6% will have to contribute some of the cost of the program. The updated proposal will give states the option of choosing between fiscal 2025 and fiscal 2026 to determine their match, which will begin during fiscal 2028. After that, a state’s match will be determined by its error payment rate for the last three fiscal years.
State and local tax, ‘revenge tax’
Senate Republicans also remained stuck on finding a deduction level for state and local tax, or SALT, that passes muster with House Republicans who represent high-tax blue states.
The House version would allow taxpayers making under $500,000 to deduct up to $40,000 in SALT from their federal tax bill. Both the $40,000 cap and the $500,000 income threshold will increase annually at 1% until hitting a ceiling of $44,000 and $552,000. The deduction cap phases down for higher earners.
Senate Republicans and the White House sought to lower the income threshold but were shot down Thursday by House Republicans, according to multiple reports.
Sen. Markwayne Mullin of Oklahoma, the lead negotiator on SALT for Senate Republicans, said he remained optimistic.
“We’re gonna be in a good spot. We’re gonna find a landing spot,” Mullin said.
A Senate Finance Committee spokesperson declined to comment on current negotiations, including any proposed income level changes.
Treasury Secretary Scott Bessent also weighed in on another tax provision: the so-called “revenge tax” on investments from countries whose trade policies the president views as unfair to U.S. businesses.
Bessent asked lawmakers to remove the up to 20% tax from the mega-bill following an agreement made with G7 partners, he wrote on social media.
“This understanding with our G7 partners provides greater certainty and stability for the global economy and will enhance growth and investment in the United States and beyond,” Bessent said.
The retaliation tax would have raised roughly $116 billion over 10 years, according to the Committee for a Responsible Federal Budget.
Timing on votes
Republican lawmakers don’t have much time left to rework all of the ineligible provisions, clear them with the parliamentarian, read through final bill text, slog through a marathon amendment voting session in the Senate and then move the bill through the House before their self-imposed deadline.
White House press secretary Karoline Leavitt said during a briefing before Trump’s event that the president is “adamant” Congress must pass the “big, beautiful bill” within the next week, despite the latest ruling.
“We expect that bill to be on the president’s desk for signature by July Fourth. I know there was a ruling by the Senate parliamentarian this morning,” Leavitt said. “Look, this is part of the process, this is part of the inner workings of the United States Senate. But the president is adamant about seeing this bill on his desk here at the White House by Independence Day.”
Former Democratic President Joe Biden’s administration added the 2024 rule prohibiting disclosure of protected reproductive health information for criminal, civil or administrative investigations to the Health Insurance Portability and Accountability Act or HIPAA. (Connect Images for Getty Images)
A 2024 federal rule that shielded reproductive health information from disclosure to law enforcement when care was legally obtained, such as in another state with abortion access, was struck down by a federal judge in Texas on Wednesday evening.
U.S. District Judge Matthew Kacsmaryk of Texas’s decision applied nationwide, nullifying the rule immediately. Kacsmaryk had temporarily blocked its enforcement against Dr. Carmen Purl, who sued HHS because she said the rule created a conflict with the laws requiring her to report child abuse.
“Striking down this critical rule is cruel,” said Maddy Gitomer, senior counsel at Democracy Forward, in an emailed statement. “The 2024 HIPAA Privacy Rule has helped protect pregnant people and health care providers from invasive government intrusion into private medical information.’’
The rule did not allow disclosure of protected health information for criminal, civil or administrative investigations against any person for the mere act of seeking, obtaining, or facilitating reproductive health care, to impose criminal or civil liabilities for that conduct, or to identify the person involved in seeking or obtaining that care. It also applied to gender-affirming care.
Two other cases challenging the same rule are still pending in federal courts in Tennessee and Missouri, but it’s unclear what Kacsmaryk’s decision means for those cases, or another Texas lawsuit led by Attorney General Ken Paxton that also seeks to strike down a broader 2000 privacy rule.
Former Democratic President Joe Biden’s administration added the rule to the Health Insurance Portability and Accountability Act, a 30-year-old federal law meant to protect patient health information, especially when that information travels between providers. The law contains exceptions for when information can be disclosed to investigators, who can subpoena records for a law enforcement matter. After the 2022 Dobbs decision returned abortion regulation to the states, prompting more than a dozen to pass abortion bans, advocates worried that such records could be used by state officials and law enforcement to investigate and prosecute patients seeking an abortion and those who help them.
Lauren Paulk, senior research counsel for If/When/How, a nonprofit that provides legal support for reproductive health care, told States Newsroom on Wednesday evening that people are still protected by the federal HIPAA law, including the foundational 2000 privacy law that requires certain procedural steps to be met before records can be subpoenaed. The 2024 rule was meant to provide reassurance to patients who are afraid to seek abortion or gender-affirming care, even where it is legal, by specifically exempting those records.
Kacsmaryk’s decision, she said, will erode trust between patients and providers and potentially damage that relationship. And it could be a sign of more actions to come.
“There’s a laundry list of things that I think could start to be added here whenever the courts are saying there really aren’t protections for private reproductive health information,” Paulk said.
Democracy Forward, a nonprofit legal organization, filed a filed a motion to intervene earlier in the case on behalf of the cities of Columbus, Ohio, and Madison, Wisconsin, because attorneys said they no longer had faith that the U.S. U.S. Department of Health and Human Services would adequately defend the law under Republican President Donald Trump’s administration. Kacsmaryk denied that motion to intervene, and Democracy Forward appealed that decision to the 5th U.S. U.S. Circuit Court of Appeals. That appeal is pending.
“Vacating this regulation will be detrimental to the privacy rights of pregnant people across the country, and will interfere with the ability of healthcare providers and patients to communicate confidentially and openly about a patient’s health needs,” Gitomer said.
Gitomer said Democracy Forward will continue to explore all of its options to defend reproductive rights from “political interference and anti-abortion extremists.”
Conservative law firm Alliance Defending Freedom represented doctor in Texas judge’s district
Purl is the sole owner of Dr. Purl’s Fast Care Walk In Clinic in Dumas, Texas. In court documents, she said:
“I consider both a pregnant woman and her unborn child to be human persons, and both are entitled to medical care and deserve the protection of the law. I believe … that elective abortions harm patients’ health and public health.”
The location of Purl’s clinic put her in Kacsmaryk’s district, where he is the only judge. Most federal cases are assigned randomly to a group of judges in a district, but since Kacsmaryk, a Trump appointee, is the sole jurist, some advocates and attorneys have accused law firms like Alliance Defending Freedom, who is representing Purl in the case, of “judge shopping.” That phrase refers to finding a plaintiff in a certain area for the purpose of putting it in front of an ideologically friendly judge.
In an earlier high-profile case, Kacsmaryk attempted to order the U.S. Food and Drug Administration to rescind its decades-old approval of mifepristone, one of two drugs used to terminate early pregnancies and treat miscarriages. That decision was eventually returned by the U.S. Supreme Court to a lower court for consideration.
Officials in Texas have already attempted to investigate women who left the state, which has a near-total abortion ban and other abortion-related laws, to terminate a pregnancy.
In a 65-page opinion, Kacsmaryk said the U.S. Department of Health and Human Services’ leadership under Biden “invoked HIPAA as a shield against abortion-restrictive states.” He determined the rule unlawfully limited disclosures about abuse and public health to state authorities, and said it exceeded statutory authority because it employed HIPAA to impose special rules for abortion. Such action should only be taken by Congress, he said, especially because the issues at hand are of major political significance.
“People of good faith vehemently disagree on both these issues,” Kacsmaryk wrote, referring to abortion and gender-affirming care. “These issues transcend politics, implicating anthropology, philosophy, and concepts of self. … The 2024 rule creates special rules for information about these politically favored procedures that implicate fundamental and hotly debated questions.”
Planned Parenthood has identified 200 of its clinics in 24 states that are at risk of closure through federal cuts under the budget reconciliation package before the U.S. Senate. (Photo by Michael B. Thomas/Getty Images)
If the budget reconciliation package before the U.S. Senate becomes law in the coming weeks, reproductive health advocates say the provision that would cut federal funding to Planned Parenthood clinics could serve as a backdoor nationwide abortion ban, eliminating access to 1 in 4 abortion providers.
The Republican-led bill, which already passed the House by a slim margin, is more than 1,000 pages and includes sweeping tax cuts that mostly benefit the wealthy coupled with steep spending cuts to social services, including Medicaid.
On page 339 of the bill, Republicans included a provision prohibiting Medicaid funding from going to any sexual and reproductive health clinics that provide abortions and received more than $1 million in federal and state Medicaid funding in fiscal year 2024. While there may be a few independent clinics with operating budgets that high, it effectively singles out Planned Parenthood clinics.
Planned Parenthood clinics rely heavily on Medicaid funding, not to provide abortions, which is not permitted by federal law (except in cases of rape, incest or life-threatening health emergencies), but to provide standard reproductive health care at little to no cost, including treatment for sexually transmitted infections and cancer screenings, as well as contraception. Planned Parenthood provides services for about 2 million patients every year, and 64% of its clinics are in rural areas or places with health care provider shortages.
A Planned Parenthood spokesperson said people who use Medicaid make up half of the total patient volume nationwide for essential health care services provided by their clinics. Even though those patients aren’t seeking abortion care, funding cuts would affect the financial sustainability of those clinics, the spokesperson said.
The organization already identified that 200 of its clinics in 24 states are at risk of closure with the cuts but told States Newsroom on Thursday that further analysis revealed nearly all of those clinics — 90% — are in states where abortion is legal, and in 12 states, approximately 75% of abortion-providing Planned Parenthood health centers could close. The entire organization has about 600 clinics in 48 states.
The “One Big Beautiful Bill” would result in nearly 11 million people losing access to health insurance by 2034, according to the nonpartisan Congressional Budget Office, and add $2.4 trillion to the federal deficit over the next 10 years.
Alexis McGill Johnson, president and CEO of Planned Parenthood Action Fund, told States Newsroom she and other advocates have been meeting with senators to lobby against the bill’s passage, emphasizing that it will have an outsized negative effect on rural clinics and hospitals.
“We are encouraging everyone to reach out to their representatives about this,” McGill Johnson said. “They know that they’re doing this under a watchful eye, and we want to make sure their constituents know about it.”
The defunding effort would be a win for several prominent anti-abortion organizations that have long lobbied for this change and nearly achieved it in 2017 with a similar budget bill. Americans United for Life sent a fundraising email to its supporters Thursday saying this is a “crossroads” for abortion in America.
“So far in 2025 more than a dozen Planned Parenthood clinics have closed, their taxpayer funding is hanging by a thread, and the highest-ranking federal health officials are undertaking a ‘top-to-bottom review’ on the abortion pill,” the email attributed to CEO John Mize said. “It’s possible that very soon, mail-order abortion could be walked back, and more Planned Parenthood locations could be closing their doors for good.”
Susan B. Anthony Pro-Life America, another anti-abortion organization that helped draft the Heritage Foundation’s Project 2025 blueprint for the next Republican president, told States Newsroom in an emailed statement that the budget provision should be no surprise, and there are better uses for the funding, like community health centers.
“Republicans have identified budgetary concerns with funding Big Abortion since 2015, and the bill language to do so has remained substantially the same,” said SBA President Marjorie Dannenfelser.
Closures would affect already fragile health care system, Midwest doctor says
Planned Parenthood has already closed some clinics around the country, including eight clinics across Iowa and Minnesota at the end of May. Dr. Sarah Traxler, chief medical officer of Planned Parenthood North Central States, which includes Iowa and Minnesota, said the U.S. Health and Human Services’ decision to freeze Title X family planning funding to many reproductive health clinics at the beginning of May contributed to the decision to close those clinics. The North Central States affiliates serve more than 93,000 patients each year, about 20,000 of which use telehealth services.
About 30% of those patients use Medicaid to access care, she said.
“When Planned Parenthood isn’t able to provide services to patients as an essential safety net provider, it has ripple effects across the health care system at large,” Traxler said. “We are already sitting in a time in our country, and have for several decades, where we have patients who can’t access care.”
Clare Coleman, president and CEO of the National Family Planning and Reproductive Health Association, told States Newsroom that 865 Title X clinics in 23 states are impacted by the federal freeze. She said there are no Title X services in eight states: California, Hawaii, Maine, Mississippi, Missouri, Montana, Tennessee and Utah. She said the funding freeze affects one-quarter of all Title X funding grantees, translating to about 842,000 patients who have lost access to care.
“In the two months since HHS withheld federal funding for nearly two dozen Title X family planning grants, affected grantees have been struggling with the unknown of whether they will ever receive the vital funds,” Coleman said in an email. “Some have had to close clinics, lay off staff, and reduce essential contraceptive and sexual health care services. … On top of the Title X funding freeze, proposed Medicaid cuts will be devastating for Title X grantees. Rates of unintended pregnancies and STIs will increase, cancer screenings and diagnoses will be delayed, and decades of public health progress will be reversed.”
After the Iowa Legislature axed Planned Parenthood from its family planning program, Traxler said, the rates of sexually transmitted infections increased considerably across the state — an outcome verified by a 2022 medical study. She expects similar effects from these cuts.
People already travel long distances for abortion care, she said, and that will only get worse if more cuts come to pass. But she also expects to see patients start traveling long distances for routine gynecological care.
‘Changes to Medicaid … only adds to the chaos’
Like many independent abortion clinics, the all-trimester Maryland abortion clinic Partners in Abortion Care does not receive Title X funding. But because Maryland is one of 17 states whose Medicaid program covers abortions, they do see a lot of patients who are on Medicaid, at a significant cost to the clinic. Certified nurse-midwife and Partners co-founder Morgan Nuzzo said the clinic did not receive more than $1 million in federal or state Medicaid dollars in fiscal year 2024, and in fact loses about $1 million annually for seeing Medicaid patients.
Nuzzo said Maryland’s Medicaid program reimburses first-trimester abortions at a “decent rate,” but at a very low rate for later abortion cases, which are more medically complex.
“After about 15 to 16 weeks [gestation], we’re losing money on these cases,” Nuzzo said. “We’ve been billing now for almost a year through the state. In second and third-trimester abortion care, we’re losing about 85% of what we would charge for a cash pay fee. So that comes out to about $250,000 a quarter that we are losing just by the under-reimbursement from Maryland Medicaid.”
For that reason, Nuzzo is hopeful about Maryland’s new $25 million Public Health Abortion Grant Program, recently approved by Gov. Wes Moore. The program will be open to clinics like Partners and abortion funds like the Baltimore Abortion Fund, but Nuzzo said it could be a while before that funding is available. Right now she is uncertain and concerned about how the federal reconciliation bill could potentially impact Maryland’s Medicaid program.
Because Partners provides abortions for all trimesters, they see patients from all over the country, and even the world, and the vast majority need financial assistance, Nuzzo said.
“People are traveling further for their procedures, just like they were before,” she said. “The landscape is constantly changing, almost week to week, about where you can access abortion, which is confusing and chaotic to patients. Changes to Medicaid and insurance coverage of abortion only adds to the chaos.”
On May 6, MIT AgeLab’s Advanced Vehicle Technology (AVT) Consortium, part of the MIT Center for Transportation and Logistics, celebrated 10 years of its global academic-industry collaboration. AVT was founded with the aim of developing new data that contribute to automotive manufacturers, suppliers, and insurers’ real-world understanding of how drivers use and respond to increasingly sophisticated vehicle technologies, such as assistive and automated driving, while accelerating the applied insight needed to advance design and development. The celebration event brought together stakeholders from across the industry for a set of keynote addresses and panel discussions on critical topics significant to the industry and its future, including artificial intelligence, automotive technology, collision repair, consumer behavior, sustainability, vehicle safety policy, and global competitiveness.
Bryan Reimer, founder and co-director of the AVT Consortium, opened the event by remarking that over the decade AVT has collected hundreds of terabytes of data, presented and discussed research with its over 25 member organizations, supported members’ strategic and policy initiatives, published select outcomes, and built AVT into a global influencer with tremendous impact in the automotive industry. He noted that current opportunities and challenges for the industry include distracted driving, a lack of consumer trust and concerns around transparency in assistive and automated driving features, and high consumer expectations for vehicle technology, safety, and affordability. How will industry respond? Major players in attendance weighed in.
In a powerful exchange on vehicle safety regulation, John Bozzella, president and CEO of the Alliance for Automotive Innovation, and Mark Rosekind, former chief safety innovation officer of Zoox, former administrator of the National Highway Traffic Safety Administration, and former member of the National Transportation Safety Board, challenged industry and government to adopt a more strategic, data-driven, and collaborative approach to safety. They asserted that regulation must evolve alongside innovation, not lag behind it by decades. Appealing to the automakers in attendance, Bozzella cited the success of voluntary commitments on automatic emergency braking as a model for future progress. “That’s a way to do something important and impactful ahead of regulation.” They advocated for shared data platforms, anonymous reporting, and a common regulatory vision that sets safety baselines while allowing room for experimentation. The 40,000 annual road fatalities demand urgency — what’s needed is a move away from tactical fixes and toward a systemic safety strategy. “Safety delayed is safety denied,” Rosekind stated. “Tell me how you’re going to improve safety. Let’s be explicit.”
Drawing inspiration from aviation’s exemplary safety record, Kathy Abbott, chief scientific and technical advisor for the Federal Aviation Administration, pointed to a culture of rigorous regulation, continuous improvement, and cross-sectoral data sharing. Aviation’s model, built on highly trained personnel and strict predictability standards, contrasts sharply with the fragmented approach in the automotive industry. The keynote emphasized that a foundation of safety culture — one that recognizes that technological ability alone isn’t justification for deployment — must guide the auto industry forward. Just as aviation doesn’t equate absence of failure with success, vehicle safety must be measured holistically and proactively.
With assistive and automated driving top of mind in the industry, Pete Bigelow of Automotive News offered a pragmatic diagnosis. With companies like Ford and Volkswagen stepping back from full autonomy projects like Argo AI, the industry is now focused on Level 2 and 3 technologies, which refer to assisted and automated driving, respectively. Tesla, GM, and Mercedes are experimenting with subscription models for driver assistance systems, yet consumer confusion remains high. JD Power reports that many drivers do not grasp the differences between L2 and L2+, or whether these technologies offer safety or convenience features. Safety benefits have yet to manifest in reduced traffic deaths, which have risen by 20 percent since 2020. The recurring challenge: L3 systems demand that human drivers take over during technical difficulties, despite driver disengagement being their primary benefit, potentially worsening outcomes. Bigelow cited a quote from Bryan Reimer as one of the best he’s received in his career: “Level 3 systems are an engineer’s dream and a plaintiff attorney’s next yacht,” highlighting the legal and design complexity of systems that demand handoffs between machine and human.
In terms of the impact of AI on the automotive industry, Mauricio Muñoz, senior research engineer at AI Sweden, underscored that despite AI’s transformative potential, the automotive industry cannot rely on general AI megatrends to solve domain-specific challenges. While landmark achievements like AlphaFold demonstrate AI’s prowess, automotive applications require domain expertise, data sovereignty, and targeted collaboration. Energy constraints, data firewalls, and the high costs of AI infrastructure all pose limitations, making it critical that companies fund purpose-driven research that can reduce costs and improve implementation fidelity. Muñoz warned that while excitement abounds — with some predicting artificial superintelligence by 2028 — real progress demands organizational alignment and a deep understanding of the automotive context, not just computational power.
Turning the focus to consumers, a collision repair panel drawing Richard Billyeald from Thatcham Research, Hami Ebrahimi from Caliber Collision, and Mike Nelson from Nelson Law explored the unintended consequences of vehicle technology advances: spiraling repair costs, labor shortages, and a lack of repairability standards. Panelists warned that even minor repairs for advanced vehicles now require costly and complex sensor recalibrations — compounded by inconsistent manufacturer guidance and no clear consumer alerts when systems are out of calibration. The panel called for greater standardization, consumer education, and repair-friendly design. As insurance premiums climb and more people forgo insurance claims, the lack of coordination between automakers, regulators, and service providers threatens consumer safety and undermines trust. The group warned that until Level 2 systems function reliably and affordably, moving toward Level 3 autonomy is premature and risky.
While the repair panel emphasized today’s urgent challenges, other speakers looked to the future. Honda’s Ryan Harty, for example, highlighted the company’s aggressive push toward sustainability and safety. Honda aims for zero environmental impact and zero traffic fatalities, with plans to be 100 percent electric by 2040 and to lead in energy storage and clean power integration. The company has developed tools to coach young drivers and is investing in charging infrastructure, grid-aware battery usage, and green hydrogen storage. “What consumers buy in the market dictates what the manufacturers make,” Harty noted, underscoring the importance of aligning product strategy with user demand and environmental responsibility. He stressed that manufacturers can only decarbonize as fast as the industry allows, and emphasized the need to shift from cost-based to life-cycle-based product strategies.
Finally, a panel involving Laura Chace of ITS America, Jon Demerly of Qualcomm, Brad Stertz of Audi/VW Group, and Anant Thaker of Aptiv covered the near-, mid-, and long-term future of vehicle technology. Panelists emphasized that consumer expectations, infrastructure investment, and regulatory modernization must evolve together. Despite record bicycle fatality rates and persistent distracted driving, features like school bus detection and stop sign alerts remain underutilized due to skepticism and cost. Panelists stressed that we must design systems for proactive safety rather than reactive response. The slow integration of digital infrastructure — sensors, edge computing, data analytics — stems not only from technical hurdles, but procurement and policy challenges as well.
Reimer concluded the event by urging industry leaders to re-center the consumer in all conversations — from affordability to maintenance and repair. With the rising costs of ownership, growing gaps in trust in technology, and misalignment between innovation and consumer value, the future of mobility depends on rebuilding trust and reshaping industry economics. He called for global collaboration, greater standardization, and transparent innovation that consumers can understand and afford. He highlighted that global competitiveness and public safety both hang in the balance. As Reimer noted, “success will come through partnerships” — between industry, academia, and government — that work toward shared investment, cultural change, and a collective willingness to prioritize the public good.
A decision is imminent in three of the four cases that will determine whether individual health information for legal reproductive care remains protected by a 2024 federal rule.
Dr. Eve Espey has many stories she can tell about patients who travel to her clinic in New Mexico from their homes in Texas, where abortion laws are some of the most restrictive in the country.
In one recent case, Espey said a patient flew from Texas to Albuquerque for an abortion after her doctor advised that an autoimmune disease she has made being pregnant incredibly dangerous. At the same time, she had an IUD placed as future contraception.
Shortly after returning home, the patient had some cramping and discomfort that prompted her to have the placement of the IUD checked and make sure it hadn’t moved. But her doctor turned her away because she’d had an abortion.
“She flew back to New Mexico to get her IUD examined,” Espey told States Newsroom.
In this case, Espey’s patient voluntarily told her doctor that she’d had an abortion. But if a rule exempting reproductive health information from law enforcement investigations is struck down or altered by one of three federal cases brought by Republican attorneys general from more than a dozen states, that information could become mandatory to disclose.
A decision is imminent in three of the four cases that will determine whether individual health information for legal reproductive care remains protected by a 2024 federal rule under the Health Insurance Portability and Accountability Act (HIPAA), including a case in Texas before the same judge who tried to revoke government approval of an abortion drug.
The plaintiffs in the cases, which include 17 states that heavily restrict or outright ban abortion, say the rule undermines their state rights to investigate waste, fraud and abuse. Chad Kubis, spokesperson for Tennessee Attorney General Jonathan Skrmetti, told States Newsroom via email that the office could not comment because of the ongoing litigation. But the complaint in the case led by Tennessee said, “The final rule will hamper states’ ability to gather information critical to policing serious misconduct like Medicaid billing fraud, child and elder abuse, and insurance-related malfeasance.”
HIPAA is a federal law passed nearly 30 years ago to protect the privacy and security of patient health information, especially as that information travels between clinics in an increasingly all-digital world. It includes some exceptions under limited conditions, such as law enforcement investigations. After the 2022 Dobbs decision returned abortion regulation to the states, prompting more than a dozen to pass abortion bans, advocates worried that such records could be used by state officials and law enforcement to investigate and prosecute patients seeking an abortion and those who help them.
Former Democratic President Joe Biden’s administration sought to remedy those concerns by adding a rule to the HIPAA law in 2024 restricting disclosure of the information. Meanwhile, states with legal abortion passed their own shield laws to protect providers and patients from out-of-state investigations.
In New Mexico, doctors like Espey are protected by a shield law that covers patients, providers and those who help someone obtain an abortion. Even with that, Espey worries and makes sure she’s careful with the notes she puts into writing. Lawmakers in New Mexico have considered going further with the shield law to require patient consent for any release of reproductive health records, but that could become an issue in emergencies.
“That is a colossal barrier to a provider,” Espey said. “Somebody could come into the ER and you can’t access the fact that they had an abortion two days ago.”
Lauren Paulk, senior research counsel for If/When/How, a nonprofit that offers legal support to those seeking reproductive health care, said the rule is important to keep intact because it helps patients and providers feel safe. Without it, more people will be turned away from clinics and hospitals, she said.
“Since Dobbs, there have been documented cases of at least seven people who have died in part because they were afraid to seek care or were denied care. We know that patients see these stories too,” Paulk said. “We also run a help line, so we hear people calling in every day who are scared to seek health care.”
For many years, people have considered health privacy to be a basic right, Paulk said, and have taken it for granted that when they see a doctor, the information shared will be confidential. But she said it’s vital that it stays that way.
“Having the state involved in health care poisons the well of the patient-provider relationship,” Paulk said. “When I go to my health care provider and I can’t be frank with them, it means I’m not going to get care to the extent that I need.”
Since Republican President Donald Trump’s administration took office in January and Secretary Robert F. Kennedy Jr. is now at the helm of U.S. Health and Human Services, the agency that administers the rule, the suits have become more complicated, including how the government is responding to each case.
They are:
State of Missouri v. U.S. Department of Health and Human Services: Republican Missouri Attorney General Andrew Bailey filed this lawsuit in January, claiming that the rule infringes on state powers to investigate fraud, abuse and public health violations. U.S. District Judge John A. Ross, who was appointed by former Democratic President Barack Obama, is weighing the Trump administration’s request to dismiss the case for lack of standing.
State of Tennessee v. HHS: Republican Tennessee Attorney General Jonathan Skrmetti filed this lawsuit in January, also claiming that the rule infringes on state powers of investigation. Republican attorneys general in 14 other states joined as plaintiffs. U.S. District Judge Katherine A. Crytzer, an appointee of Republican President Donald Trump, has been asked by the Trump administration to dismiss the case for lack of standing or grant the states’ request to block the rule.
Purl, M.D. v. HHS: Dr. Carmen Purl, the sole owner of Dr. Purl’s Fast Care Walk In Clinic in Dumas, Texas, sued in October because she said the rule creates a conflict with the laws requiring her to report child abuse. The case is before U.S. District Judge Matthew Kacsmaryk, an appointee of Republican President Donald Trump. Kacsmaryk granted a preliminary injunction, but is expected to rule soon on a permanent injunction.
State of Texas v. HHS: Republican Texas Attorney General Ken Paxton sued in September, claiming the 2024 rule violates state investigative authority. Paxton argued the underlying 2000 HIPAA rule should be struck down as well — a move that could open many more avenues for state investigations if it is granted. U.S. District Judge James Wesley Hendrix, a Trump appointee, has given the federal health agency two extensions of time to decide whether they want to rescind and rewrite the rule.
The judges presiding over the cases in Missouri and Tennessee, as well as the Purl case in Texas, could issue decisions at any time Missouri filed its lawsuit alone, while 14 other states with Republican attorneys general joined Tennessee’s lawsuit as plaintiffs: Alabama, Arkansas, Georgia, Idaho, Indiana, Iowa, Louisiana, Montana, Nebraska, North Dakota, Ohio, South Carolina, South Dakota and West Virginia. All but three of those states either heavily restrict or outright ban abortion, and if the lawsuits are successful, records kept by doctors and pharmacists in other states could be subpoenaed.
If the underlying 2000 HIPAA privacy rule is somehow altered by court rulings in Texas, it could have even more effects, Paulk said. If/When/How receives phone calls from therapists living in states with abortion bans who are afraid of facing criminal charges just for talking about abortion with a patient, or for not reporting a person considering an abortion to the police, she said. That’s not true under existing laws, but if privacy rules change, records like therapy notes could also be subject to investigation.
“It’s clear to me that the folks who are pursuing the overturn of these laws and the folks who are in states where they’re trying to get access to health information are seeking to criminalize people and further stigmatize health care like abortion and gender-affirming care,” Paulk said. “They want people to be afraid to access care and providers to be afraid to provide it, and they’re using this specter of punishment to do that.”
DOJ asked two courts to dismiss Republican-led lawsuits
Democracy Forward, a nonprofit legal organization, is representing the cities of Columbus, Ohio, and Madison, Wisconsin, and Doctors for America, and has attempted to intervene in all four cases — Kacsmaryk denied the request, but the other three are still pending. If any of the motions are granted, attorneys for Democracy Forward could defend the rule, because they do not think the DOJ attorneys will adequately defend it, said Carrie Flaxman, the nonprofit’s senior legal adviser.
The cities and Doctors for America filed a friend-of-the-court brief after Kacsmaryk’s denial, arguing that HIPAA is vital to protecting patient confidentiality, including the 2024 rule.
At the end of March, Trump’s Department of Justice attorneys asked the federal courts in Missouri and Tennessee to dismiss the cases for lack of standing, saying the states have not demonstrated any harm.
“Missouri’s complaint vaguely alleges that the rule impedes state investigations and requires the state to expend resources to comply with the rule’s requirements,” the motion to dismiss says. “But absent from the complaint are any concrete facts supporting these conclusory assertions of harm, which one would expect to see if the rule truly posed the risks that the state alleges.”
In Texas, Kacsmaryk ordered the Department of Justice to provide an update about the health services agency’s review of the Biden-era rule in May, and asked if they wished to pause the court proceedings while they conduct that review. Acting Assistant Attorney General Yaakov Roth told the court in a brief that the rule remains “under consideration” but no imminent action on the rule is expected. He added that they were not requesting any pause in the case.
That response differed in Paxton’s suit, which was already on hold. DOJ attorneys asked for more time to “evaluate the agency’s position in this case and determine how best to proceed.” The judge granted the extension, and another update is expected in July.
“Blocking either or both of these rules could pave the way for government investigations by Attorney General Paxton or others and threaten the foundations of medical privacy that we all rely on,” Flaxman said. “Patients nationwide should be concerned about investigations … into the most personal of their medical records.”
A worker installs a solar panel on a roof. (Getty Images)
WASHINGTON — Clean energy manufacturers and advocates say they’re perplexed how the repeal of tax credits in President Donald Trump’s “one big beautiful bill” will keep their domestic production lines humming across the United States, particularly in states that elected him to the Oval Office.
While some Republicans have labeled the billions in tax credits a “green new scam,” statistics reviewed by States Newsroom show the jobs and benefits would boost predominantly GOP-leaning states and congressional districts. Now the industry is already slowing amid Trump’s back-and-forth tariff policy and mixed messaging on energy and manufacturing.
Trump vowed in early April that he would “supercharge our domestic industrial base.”
“Jobs and factories will come roaring back to our country, and you see it happening already,” he told a crowd in the White House Rose Garden while unveiling his new trade policy.
But as a way to pay for the $3.9 trillion price tag of extending and expanding the 2017 corporate and individual tax cuts, U.S. House Republicans found billions of dollars in savings by slashing over a dozen clean energy tax credits enacted in the 2022 Inflation Reduction Act under President Joe Biden.
Critics say the mega-bill, which passed the GOP-led House on May 22 in a 215-214 vote, would effectively strip away the Advanced Manufacturing and Production Credit and other incentives.
They have bolstered the production of batteries and solar components in numerous states — top among them North Carolina, Georgia, Michigan, South Carolina, Indiana, Tennessee, Texas, Nevada, Illinois and Oklahoma, according to the Clean Investment Monitor, a joint project by the Rhodium Group and the Massachusetts Institute of Technology’s Center for Energy and Environmental Policy Research.
U.S. senators are now negotiating the massive budget reconciliation legislation.
Kevin Doffling, CEO and founder of Project Vanguard, an organization that connects veterans to clean energy jobs, warned pulling the plug on the clean energy tax credits will stifle progress the U.S. has made against other countries, namely China.
“We’re just going to see a huge pullback from investments inside of advanced manufacturing here in the U.S., and then we’ll go source it from other places, instead of doing it here,” Doffling said on a May 28 press call pressing for senators to protect the tax credits.
Doffling’s organization works in several states, including Arizona, Colorado, Indiana, Minnesota, Washington and Utah.
Moving away from fossil fuels
The suite of tax credits enacted under the IRA incentivized homeowners, car buyers, energy producers and manufacturers to invest in types of energy beyond fossil fuels, with the aim of a reduction in the effects of climate change.
For example, the IRA’s Advanced Manufacturing and Production Credit is awarded per unit produced and sold, and in some cases the capacity of energy output.
Battery cell manufacturers can earn up to $35 per battery cell multiplied by potential kilowatt hours. In the case of solar, the credit offers producers 7 cents per solar module multiplied by wattage output. For mining operations extracting critical minerals, such as lithium, companies can receive a 10% tax break on the costs of production.
Most credits phase out by 2032 under the Biden-era law, except those for critical mineral mining, which continue.
A group of House Republicans, who have dubbed the tax credits the “green new scam” — echoing Trump’s rhetoric — pushed to accelerate the expiration in the final version of the mega-bill, even for critical mineral mining and production. The federal government classifies critical minerals as crucial to national security.
The House-passed bill also severely tightens language around foreign components, titled “foreign entities of concern,” making the credit practically unusable as many parts of the clean energy manufacturing supply chain are global, industry professionals say.
The legislation also repeals “transferability,” which allows companies with little or no tax liability to sell the credits.
For example, a critical mineral mining company would not turn a profit during an initial phase and could sell the credits to offset the cost of operations.
Schneider Electric, a global corporation with a U.S. base in Massachusetts, has facilitated 18 transfer deals worth $1.7 billion in tax credits for U.S. companies since 2023. In a statement, Schneider said the deals “reflect growing market interest in flexible financing mechanisms that directly fund renewable projects.”
Silfab Solar, which recently built a solar cell manufacturing and module assembly plant in Fort Mill, South Carolina, announced in mid-May the sale of $110 million in Advanced Manufacturing and Production Credits to help fund its expansion. The company already runs a solar manufacturing site in Burlington, Washington.
Investment soared
Spurred by the Advanced Manufacturing and Production Credit, known as 45X, actual investment in clean energy manufacturing since August 2022 reached $115 billion in April, up from $21 billion over the same length of time prior to the IRA, the Clean Investment Monitor found.
Of the 380 clean technology production facilities announced since the third quarter of 2022, 161 are now operational, according to CIM data.
The credit spurred a “sea change” in U.S. clean energy manufacturing, said Mike Williams, senior fellow at the liberal Center for American Progress and former deputy director of the BlueGreen Alliance, which advocates for the joining of labor and environmental organizations.
Despite solar technology’s roots in the U.S., the nation “didn’t even have a toe” in solar manufacturing, Williams said. Other countries, most notably Germany and then China, have dominated the industry.
“But after the Inflation Reduction Act passed, all of a sudden we see panel manufacturing, we see parts and components manufacturing, absolutely exploding. Plants have announced and started construction in Georgia, in Oklahoma,” Williams said in an interview with States Newsroom.
Active manufacturing of solar components, advanced batteries and wind turbines and vessels is concentrated in rural areas. Most are located in states that went red in the 2024 presidential election, according to the Clean Power America Association’s May 2025 State of Clean Energy Manufacturing in America report.
The renewable energy policy group estimated the industry supports 122,000 full-time manufacturing jobs across the U.S.
Active solar manufacturing sites and expansions are clustered in Texas, Ohio and Alabama, according to data from the association. Should major project announcements in Georgia pull through, the state would surpass Alabama for third place.
Advanced battery manufacturing spans 38 states, with the largest concentrations in California, Michigan and North Carolina.
But various parts of the battery production process stretch throughout the country — for example, battery cell production in Nevada and Tennessee and module production in Utah. Other supporting hardware is made in South Carolina, Arizona and Texas.
Lithium, a critical mineral for battery production, is currently mined in Nevada and California. And investors are eyeing other spots in the U.S., namely Alaska, to mine and produce graphite, another critical mineral.
China largely dominates the world’s critical mineral supply chain, according to U.S. Geological Survey data for 2024.
When accounting for the full suite of clean energy tax credits that were enacted in 2022 — including residential, electric vehicles and clean electricity credits — just over 312,900 new jobs are linked to the industry, the bulk in Republican-led congressional districts, according to the advocacy group Climate Power’s 2024 report on clean energy employment.
Troy Van Beek, CEO and founder of the Iowa-based solar company Ideal Energy, said his business weathered the pandemic and has been able to add jobs, but is now facing uncertainty again.
“We’re getting our feet under us and really starting to operate. I went from 20-some jobs to over 60 jobs, and those are good-paying jobs for people and their families. So we need that stability in the industry,” said Van Beek, who spoke on the call with Doffling.
“What troubles me is the rocking of the boat to such a degree that we can’t get anything done, and that’s been very difficult to deal with,” he said.
Industry slowdown
The industry has seen a pullback since January and the beginning of the Trump presidency.
Six announced projects representing $6.9 billion in investment were canceled in the first quarter of 2025, according to the Clean Investment Monitor’s latest State of U.S. Clean Energy Supply Chains report. While investment in clean energy overall continues to grow, the beginning of 2025 shows a slowdown from where the industry was a year ago.
Van Beek, whose solar company provides construction and installation among others services, said recent talks to strike a deal with a solar manufacturer collapsed after threats to the tax credits.
“We had worked an entire year on putting together (a deal) with one of the leading manufacturers in the world that has U.S. manufacturing to actually have joint ventures and work with them on projects,” Van Beek said. “And when this came up, that deal came to a screeching halt.”
Van Beek did not name the company on the call and did not respond to a request for a follow-up interview.
Spencer Pederson of the National Electrical Manufacturers Association said the unpredictability is interrupting how operators are planning for the coming years.
“Whether large or small, just the business certainty and the ability to plan out your business is disrupted when you have any type of tax mechanism that is abruptly halted when you’re doing business planning at five- or 10-year intervals,” said Pederson, the association’s senior vice president of public affairs.
Too expensive, Republicans say
Some House Republicans, led by Rep. Jen Kiggans of Virginia, urged party colleagues to protect the clean energy tax credits — for example by removing the “overly prescriptive” restrictions on foreign entities of concern and keeping in place transferability of tax credits.
Kiggans wrote to House Republican tax writers in mid-May that “the last thing any of us want is to provoke an energy crisis or cause higher energy bills for working families.”
Her co-signers included Don Bacon of Nebraska, Mark Amodei of Nevada, Rob Bresnahan of Pennsylvania, Juan Ciscomani of Arizona, Gabe Evans and Jeff Hurd of Colorado, Dave Joyce of Ohio and Dan Newhouse of Washington, who all eventually voted for the final bill.
Far-right House members won on not only shortening the lifespan of the credits, but also on keeping the restrictive foreign entity language and on repealing a company’s ability to transfer credits.
The right-leaning National Taxpayers Union hailed the “commonsense changes” championed by the far-right House Freedom Caucus, under the leadership of Maryland Rep. Andy Harris.
The organization, which favors cutting government spending and lowering taxes, pointed to the cost. According to the Penn Wharton Budget Model, the credits as of 2022 were valued at roughly $384.9 billion over ten years.
“The longer these subsidies remain in law, the more expensive they will become and the harder it will be for Congress to remove them. Now it’s up to the Senate to support the Green New Deal Rollbacks,” Thomas Aiello, NTU’s senior director of government affairs, wrote in the days following the House vote.
Hope in the Senate?
But representatives from multinational corporations to mid-size businesses and sizable trade associations are now looking to the U.S. Senate to restore measures that they say created a boom time for investment, production and new energy on the grid.
Jeannie Salo, chief public policy officer at Schneider Electric, said in a statement to States Newsroom that “The Senate should restore and extend the timelines for key energy and manufacturing credits and their transferability to ensure the nation continues to attract key investments and projects that will power the U.S. economy and help make energy more affordable.”
Pederson said the restrictions on foreign components and company ties are “particularly restrictive coming out of the House.”
“So we’re hoping to work with the Senate Finance Committee and some of the members of the Senate who have indicated some willingness to make the foreign entity of concern language a little bit more workable,” Pederson said.
Doffling believes senators have a “longer term vision” of the nation’s energy strategy than House members who face reelection every two years.
“They see what’s happening not just in their district, but in the entire state that they represent,” Doffling said.
The House bill just sets the U.S. “further behind,” he added. “This bill is all about going backwards in time and hoping for the best.”
“I wish they could look at the numbers and understand the economic impacts it’s gonna have. … But somehow we’re talking about the fact of hamstringing a whole entire industry itself over verbiage of the word ‘clean.’”
Amanda Becker, reporter for The 19th, and Colleen Long, editor for NBC News, presented their post-Dobbs books at the 2025 Gaithersburg Book Festival in Gaithersburg, Maryland, May 17. Becker’s “You Must Stand Up: The Fight for Abortion Rights in Post-Dobbs America” and Long and Rebecca Little’s “I’m Sorry for My Loss: An Urgent Examination of Reproductive Care in America,” were both published in 2024. (Photo by Sofia Resnick/States Newsroom)
During the pandemic, when many people were reevaluating their life goals, Colleen Long texted her childhood best friend and fellow journalist Rebecca Little to see if, together, they could write a relatable, even funny, book about pregnancy loss.
“My friend Rebecca … she likes to say she kind of had the pu pu platter of loss,” Long said during an author panel at the 2025 Gaithersburg Book Festival in Gaithersburg, Maryland, on May 17. “She had all sorts of terrible things happen: a stillbirth; she had to end the pregnancy of twins; she had several miscarriages. And I had a stillbirth.”
They wanted to understand why it was so hard to talk about pregnancy loss in public, and thus difficult to process.
“She and I started talking about how what we would really like to do is to write a book about why we are so bad at talking about pregnancy loss,” said Long, a senior editor at NBC News. “What is it about our culture that makes it impossible to sort of discuss this, and yet, when it happens to you, then all of these people come out of the woodwork and talk about it. We’re saying it’s like ‘Fight Club,’ but maybe we should be taking fewer cues, you know, from Brad Pitt.”
Long and Little ended up speaking to about 100 people who experienced some form of pregnancy loss and continue to hear from people with experiences since their book, “I’m Sorry for My Loss: An Urgent Examination of Reproductive Care in America,” came out last year. Their book is also about how the U.S. Supreme Court’s reversal of federal abortion rights in June 2022, with the Dobbs v. Jackson Women’s Health Organization decision, has exacerbated the consequences when pregnancy doesn’t go the way it’s supposed to. In the book, Little and Long document how pregnant and miscarrying women have been denied standard medical treatments because of state abortion bans, and how many people — disproportionately people of color — have been criminalized for decisions made while pregnant, long before Dobbs.
“In some ways, reproduction in America has been stripped back to basics, but we don’t find ourselves suddenly reliving a colonial life,” they write. “We would argue it’s more perverse in some ways because the advances in medicine are available, but they’re being withheld. Like the Back to the Future timeline where Biff Tannen runs a dystopian Hill Valley, we’re going back to a place we never really were.”
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Joining the panel was The 19th’s Amanda Becker, whose “You Must Stand Up: The Fight for Abortion Rights in Post-Dobbs America,” also published in 2024, tells the story of the first year after Roe v. Wade was overturned, from the perspective of abortion providers and reproductive rights activists.
“I truly think a lot of the people I feature in my book are heroes,” Becker said. “Being around them was just so incredibly inspiring, and how hard they’re working to help people and take care of people and preserve the ability to access care where people can still get it, and fighting to get it back where they can’t.”
States Newsroom reporter Sofia Resnick moderated the Q&A with the authors. The version below has been edited for brevity and clarity. The full conversation is scheduled to be broadcast on C-SPAN 2 Book TV on June 8.
States Newsroom: You both were working on these books before the Dobbs decision and you’ve been both covering major national stories. Why did you both decide to dedicate so much time to this particular story?
Colleen Long: When Roe fell, it really sort of informed our reporting in a different way, because a lot of the procedures that are used to treat pregnancy loss are used to treat abortion. So, our book was focused more on pregnancy loss. But really, our sort of principle for the book is, what has happened in the past 50 years — since Roe has been codified and now fallen — is that we sort of hold out everything that isn’t a perfect pregnancy or the end of an unwanted pregnancy. But there’s this vast middle ground that a lot of people tend to experience. … When Roe fell, everybody was like, “Oh, this is not going to affect miscarriage care. This could possibly not affect a woman who is wanting a pregnancy and is unable to continue her pregnancy.” And so what we’ve seen, obviously, since the fall of Roe, is that actually these things are all very much intertwined. So our idea was to better inform everyone.
Amanda Becker: My background is as a political reporter, not a health care reporter. So I was more interested in how reproductive rights, and abortion specifically, have really reordered our politics. It’s the biggest political story of my lifetime, and because I’m a person that was capable of giving birth, I also thought it was the most important story overall that affects more than half of this country directly. And I would argue that it affects everyone indirectly in some way.
I just knew it was going to be a very big year, and that’s why I decided to structure the book — it literally starts with the decision in June, and it ends the next June — because it was just such a sprawling story that I knew would affect every single state in a different way, and the residents in those states in different ways.
SN: What were the parts of your books that were hardest to write?
Long: Rebecca trained at [the famed Chicago improv theater] Second City, so she’s funny, she will be the first to tell you. We wanted to make this book readable … so we worked on the tone a lot. That said, the hardest part about writing this book was interviewing the people. We interviewed 100 different people, and they ran the gamut. Some experienced a miscarriage, some had a stillbirth, some had multiple stillbirths. Some had to end their pregnancies because of a host of reasons. We interviewed people from every religion, conservative people, liberal people, all kinds of different people, and it was hard. As a journalist, you are used to listening to people and hearing stories that are upsetting, but I think the thing that was most upsetting for us was how common a lot of their stories were in that they all felt, like, alone, unsure, didn’t know where to go.
Becker: I was trying to write a book that was ultimately hopeful. … I would say the most difficult points were just, like, the overwhelmingness of what was happening that year. And because my book is kind of looking at the loss of abortion rights as happening in tandem with the erosion of our democracy, which is something I care a lot about, it just would start to feel overwhelming sometimes. Like, how are we going to fix these things that have been happening over the last 100 years, you know? How can we get reproductive rights back unless we fix gerrymandering?
SN: In your respective historical research, what were some things that surprised you?
Becker: I was floored when I found out that the American Medical Association came into being to elevate male doctors over female midwives and then go on an anti-abortion crusade over the next 30 years that eventually changed the laws in almost every state in this country.
[Addressing Long:]And you get into this in your book, too: The father of gynecology did non-consensual experiments without anesthesia on enslaved women. And I’m learning this history of women’s healthcare and gynecological care and being like, this is how we ended up here.
Long: We have a long history in the beginning of our book — it’s literally called “How We Got Here” — to sort of explain how our attitudes have changed over the years on pregnancy and pregnancy loss. Because, for example, the way we view pregnancy — this was really surprising to me — the way we view pregnancy today is really only like 47 to 48 years old, and it has to do so much with modern medical advances, sonograms, the home pregnancy test. Our ideas about how we bond and the way we discuss pregnancy is just so different.
SN: What have been some of the impacts of increased anti-abortion laws on health care and grief and loss?
Long: My OB-GYN came from Oklahoma [where abortion is banned] because she was, like, “I feel as though I can’t practice safely.” … And the other thing we’re noticing is that doctors — not OB-GYNs, but like any doctors — they’re considering where to go to medical school. And the states in which the abortion laws are very strict, they’re sort of looking away from those states because … they’re afraid of their own medical care. So I would expect us in — I don’t know, five years, maybe, let’s say six years — we’re going to start seeing like a real disparate situation in the United States, where we have some states with very good medical care, and other states, which, let’s face it, already had poor medical care, are going to have worse medical care.
Becker: You don’t find out about a lot of really bad fetal abnormalities until the 20- to 21-week anatomy scan, so [people] made really difficult decisions, and a lot of them that I’ve spoken to feel like they can’t even grieve that openly because of what’s in the public discourse right now about abortion and abortion bans. Yes, they had an abortion, but they’re grieving a pregnancy that they very much wanted and a child that they very much wanted, and I think it’s just making it more difficult for people to talk about.
Long: This is where politics is tricky. … We interviewed a lot of women who identified as politically left-leaning who felt they weren’t allowed to mourn their miscarriage because they didn’t want to be seen as a traitor to the cause of abortion rights, which is hard.
And then … you have what has happened with the restrictions and the fetal personhood laws. … This is a very new concept, to have the sort of baby and the mother have the same legal rights, and that’s what we’re seeing play out in some of these places. And it plays out in really strange ways. Because when you have a life or death situation and you have these two entities, one does not exist without the other. And like, who is worth saving more? It’s just a really complicated morass.
Becker: If you talk to experts, both legal and medical, in fetal personhood and what it means in practice, they will tell you that in a fetal personhood situation where you’re putting at odds the rights of a fetus versus the right of the gestational parent, the fetus always wins when we apply fetal personhood. And so we’re going to see more and more of that.
Audience Member: It seems to me that in the last political campaign, we started to hear a lot about the impact of these laws on women, and somehow that’s fallen out of the news. And so how do we mobilize around this issue?
Becker: I think we were hearing about it in part because it was an election season and a presidential election, and I would expect that to come back around for the midterms and the next time we have a lot of abortion ballot measures on ballots. … Politicians pay attention to what gets them elected or not elected. So if that’s a reason you’re going to elect someone or not elect them, let them know that.
Long: I covered the [presidential] campaign, and like even during the campaign, I felt like these issues sort of only caught fire when they thought it could be a winning issue. And the Democrats are in a weird rebuilding phase right now, and so I think they’re trying to figure out what works and what doesn’t. … They were really hoping that reproductive rights and reproductive health was going to drive people to the polls, in particular women, and in the end, they lost. … And the conversation is no longer happening. But if you think about it, the conversation was never happening. It only just started happening, and then it was a blip. And then now we’re sort of back to where we were, which is super annoying.
Barbara Collura, CEO and president of Resolve: The National Infertility Association, spoke outside the Alabama Statehouse in Montgomery on Feb. 28, 2024, after a court decision likening embryos to people led fertility clinics to halt services. (Photo by Brian Lyman/Alabama Reflector)
Republican President Donald Trump, who called himself the “father of IVF” on the campaign trail, issued an executive order in February directing policy advisers to create a report on how to make in vitro fertilization more accessible for Americans.
“Today, many hopeful couples dream of starting a family, but as many as one in seven are unable to conceive a child,” the order read. “Despite their hopes and efforts, infertility struggles can make conception difficult, turning what should be a joyful experience into an emotional and financial struggle.”
Trump gave domestic policy officials a 90-day deadline to send him a list of recommendations on how to protect access to IVF and reduce out-of-pocket costs for fertility care.
Leaders at the American Society for Reproductive Medicine and Resolve: The National Infertility Association — leading IVF advocacy groups — told States Newsroom they were not consulted by the Trump administration about the IVF plan.
“We’ve been leading the effort for over a decade and passed legislation in state after state that now has improved coverage for 60 million Americans,” said Sean Tipton, American Society for Reproductive Medicine’s chief advocacy and policy officer. “We clearly have the expertise to be of assistance, but they didn’t want to talk to us.”
Resolve President and CEO Barbara Collura said the administration did not consult her organization, either.
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The White House did not immediately respond to a request for comment.
Both Collura and Tipton said they hope the administration will call for expansion of IVF insurance coverage for servicemembers, veterans and other federal employees.
Collura said the U.S. Office of Personnel Management can require health insurance plans to offer comprehensive IVF coverage, the U.S. Department of Health and Human Services could declare IVF an essential health benefit through the Affordable Care Act and the U.S. Department of Defense could mandate coverage under Tricare. Members of the military can only get IVF covered today if they prove infertility stemmed from combat duty.
“The Veterans Health Administration also does not offer IVF as routine care, and we want to change that, but we believe that that has to be done through Congress,” she said.
Congress would also have to direct private insurers to mandate IVF coverage. Trump first raised this idea in August during a Wisconsin town hall, but NBC News reported that GOP members of Congress were skeptical of the costs.
Republicans on Capitol Hill are focused on passing a “big, beautiful bill” that includes tax cuts for the wealthy and a massive decrease in Medicaid funding, according to our D.C. Bureau. It’s unclear if Congress would be open to insurance coverage mandates.
The Trump administration laid off health care researchers and other government employees this year. HHS fired its six-person Assisted Reproductive Technology team in April.
The advocates are also wary of a faction of conservatives who have pushed a concept called “restorative reproductive medicine,” the notion that providers should treat the root causes of infertility through hormonal therapies, testing and nutrition, and turn to IVF as a last resort.
“It’s a political term backed by political groups that has nothing to do with medicine,” Tipton said. “When you look at the details, it sounds a lot like what our clinicians would refer to as the diagnostic workup for infertility patients, but make no mistake, this is a term that is pushed by groups who oppose IVF.”
Officials at the Heritage Foundation, a conservative think tank, have backed restorative reproductive medicine. Emma Waters, a policy analyst at the foundation’s Center for Technology and the Human Person, cowrote a report released in March backing the concept and calling for increased regulation of the infertility industry.
Janae Stracke, the vice president of Heritage Action, the foundation’s advocacy arm, praised a law Arkansas passed in April requiring the use of fertility awareness-based methods — checking body temperatures and cervical fluid levels to track menstrual cycles — in Title X programs.
“The RESTORE Act is groundbreaking legislation that champions reproductive healthcare for women in Arkansas by prioritizing restorative reproductive medicine and empowering women with the tools they need to thrive,” Stracke said in a statement.
Little Rock-based Arkansas Fertility and Gynecology has a header at the top of its website warning against restorative reproductive medicine, saying it’s “not a medically proven alternative to IVF.”
Collura said she fears restorative reproductive medicine could grow in popularity and lead insurance companies to mandate that patients try it before getting approved for fertility treatments.
“That bypasses what the diagnosis is. Reproduction is time-based: The longer you wait, the poorer outcomes you have,” she said. “We certainly don’t want people to be forced into certain treatments that are actually not going to help them.”
Dr. Karenne Fru, a reproductive endocrinologist at Muna Fertility in the Atlanta area, said proponents of restorative reproductive medicine misunderstand what physicians do, and doing tests for patients seeking fertility services is a basic standard of practice.
“It is not a cure-all for someone with a total sperm count of, say, 100,000 or an absent vas deferens — the sperm can’t get out. There’s no way you can exercise, eat right, sleep well and fix that. That is how you’re born,” Fru said.
Trump’s promises about IVF insurance coverage have led some of her patients to postpone their reproductive plans, she said.
“There are a lot of patients who are delaying care because they think that the president is going to make IVF free,” she said. “And I think that playing with people’s hopes and dreams in this way is unnecessarily cruel.”
“We just want to ensure that the most popular method for abortion in Virginia and beyond is protected no matter who sits at the White House and who sits in the FDA,” said Whole Woman’s Health founder and president Amy Hagstrom Miller outside of the U.S. District Court of the Western District of Virginia in Charlottesville, Virginia, on May 19, 2025. (Photo by Charlotte Rene Woods/Virginia Mercury)
CHARLOTTESVILLE, Va. — Abortion pills — and questions over their inherent safety — were back in federal court Monday. Unlike a lawsuit rejected by the U.S. Supreme Court last year, plaintiffs this time are not anti-abortion activists arguing medication abortion should be banned, but abortion providers arguing the remaining restrictions should be lifted to match the drug’s 25-year record of safety and efficacy.
The suit seeks to make abortion pills more accessible by removing several existing restrictions on the U.S. Food and Drug Administration’s mifepristone-misoprostol regimen first approved in 2000. The drug was approved under the FDA’s drug safety program called Risk Evaluation and Mitigation Strategy (REMS), provisions of which have been steadily eliminated over time but not fully.
On behalf of independent providers in Virginia, Montana, and Kansas, Center for Reproductive Rights senior counsel Linda Goldstein argued the FDA’s most recent evaluations did not properly assess whether remaining restrictions are still medically necessary. She argued that the biggest risks the FDA has identified with mifepristone — serious bleeding and infection — are not exclusive to the drug but with all pregnancy terminations, including spontaneous miscarriages, which she said affected about 25% of all pregnancies. Beyond abortion, for which the drug has captured attention, mifepristone is also used to treat miscarriages so that they conclude safely to help prevent infection.
“The FDA has acknowledged that staying pregnant is more dangerous than not staying pregnant,” said Goldstein, arguing that at minimum the FDA should be required to explain why drugs that pose similar risks are not subject to the same restrictions.
She noted that of the 20,000 drugs the FDA has approved, only 73 have REMS provisions, and that mifepristone has proven to be a safe drug over time. About 7.5 million U.S. patients have taken it as of the end of last year, Goldstein said. As of December 2024, the FDA has reported 36 patient deaths associated with mifepristone since it was first approved in 2000.
Whole Woman’s Health Alliance v. FDA is the first time the U.S. Department of Justice is arguing a position on mifepristone in court since the Trump administration took office. Justice Department attorneys said current regulations are necessary for the most common form of pregnancy termination to be considered safe. When asked by the judge, DOJ attorney Noah Katzen did not confirm or deny whether or not the FDA still considers the drug to be safe and effective overall.
“That is what the FDA determined in the past,” Katzen said during the hearing at the U.S. District Court for the Western District of Virginia in Charlottesville, where the case was originally filed in 2023.
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Katzen, the FDA’s former associate chief counsel until 2021 and currently a trial attorney for the Consumer Financial Protection Bureau, said the FDA has found that the evidence was “not sufficient” to conclude the REMS are no longer necessary.
U.S. District Judge Robert S. Ballou, appointed by Democratic President Joe Biden, appeared more sympathetic to plaintiffs’ argument that some of the requirements appear arbitrary in that they don’t apply to other drugs with equal or greater risk, including drugs his parents have taken.
Ballou did not rule at the end of Monday’s hearing but said he would as soon as possible.
After the hearing, Whole Woman’s Health Alliance founder and president Amy Hagstrom Miller told States Newsroom she took note of Katzen’s response about whether the FDA considers mifepristone to be safe and effective.
“It was an interesting choice of words,” she said.
This lawsuit is among several federal cases involving mifepristone. Earlier this month, the Trump administration filed a brief in the case Missouri v. FDA, requesting the court dismiss three states’ lawsuit to restrict mifepristone on procedural grounds, but did not comment on the merits of the case or explicitly defend the FDA’s current medication abortion policy.
While the Missouri v. FDA lawsuit seeks to reinstate regulations loosened between 2016 and 2021, the Whole Woman’s Health v. FDA lawsuit takes aim at restrictions that require: medical professionals who prescribe mifepristone to register with the drug manufacturer; pharmacies to apply for special certification and maintain copious records, and patients to review and sign a counseling form.
On behalf of plaintiffs, which include Whole Woman’s Health Alliance in Virginia and other states, All Families Healthcare and Blue Mountain Clinic in Montana, and Trust Women in Kansas, Goldstein argued that these existing rules are burdensome and make these medications harder to access by limiting the number of providers and pharmacies who can provide and dispense it and impede access to time-sensitive care.
Goldstein noted the “political climate” surrounding mifepristone and pointed to how abortion opponents seek either rescinding of FDA approval for mifepristone or a return to the in-person dispensing requirements. She added how efforts to make abortion medication more difficult to obtain are outlined in Project 2025 — the conservative Heritage Foundation’s playbook.
Before and especially since Roe v. Wade was overturned in 2022, anti-abortion groups have tried to convince courts that abortion pills, in addition to ending the lives of embryos and fetuses, harm pregnant people at rates that warrant being pulled from the market or at the very least heavily restricted.
During his presidential campaign and since taking office, President Donald Trump and his health appointees have messaged strategically on medication abortion, on the one hand promising to retain its access while also open to examining new evidence suggesting it is unsafe.
Just last week, U.S. Health and Human Services Secretary Robert F. Kennedy Jr. said he would direct the FDA to review abortion pill safety and potentially change its drug label, following the release of an anti-abortion white paper commissioned by far-right funders, whose analysis has been widely criticized by reproductive health scientists and is outflanked by hundreds of studies showing a very low rate of serious adverse events.
Significant for the South
Hagstrom Miller called the current restrictions “politically motivated” and said overturning them would be especially significant for Virginia, which as the least restrictive state in the South, has seen an uptick in people traveling from elsewhere to receive care.
“They’re not related to the safety of the medication,” Hagstrom Miller said, of the current restrictions. “We just want to ensure that the most popular method for abortion in Virginia and beyond is protected no matter who sits at the White House and who sits in the FDA.”
Virginia is in the process of amending its state constitution to enshrine abortion and other reproductive health care procedures or medications. The constitutional amendment passed the legislature on party-line votes this year and must pass again next year before appearing on ballots for voters statewide. Its continued success or failure hinges on the outcome of the state’s competitive House of Delegates elections — where Democrats hold a slim majority.
While governors don’t have a say in constitutional amendments, the issue is a divergence between gubernatorial candidates Lt. Gov. Winsome Earle-Sears and Democratic challenger former Congresswoman Abigail Spanberger. This means that should the amendment fail and partisan control of the House shift, whoever is the next governor could advance or block potential future efforts to walk back Virginia’s current abortion access laws.
“It’s really important that we protect that safe access to medication abortion no matter where people live — Virginia is playing a key role in the South right now,” Hagstrom Miller said.
Dr. Lim is an Assistant Professor of International Agribusiness and Director of the LSU Global Value Chains Program in the Department of Agricultural Economics and Agribusiness at Louisiana State University.
“We are pleased to welcome Dr. Lim to our esteemed Agricultural Economics Fellowship program,” says Tim Brennan, vice president, programs and strategic impact at Farm Foundation. “His research interests in international trade and agricultural policy set the stage for a fruitful collaboration towards advancing Farm Foundation’s ongoing work in agricultural trade and international sustainability policy.”
Farm Foundation’s Agricultural Economics Fellow program is a yearlong program for a faculty agricultural economist. The 2025 fellowship is focused on integrated systems approaches to understanding and overcoming the challenges in developing a greater understanding of how trade and sustainability are interconnected and are impacting the food and agricultural sectors in the United States and beyond in rapidly changing circumstances. In addition to being mentored by staff in USDA’s Office of the Chief Economist, Lim in turn will mentor participants in the Farm Foundation and USDA Economic Research Service Agricultural Scholars program, among other engagements.
His research has been published in leading academic journals, including the American Journal of Agricultural Economics, Nature Communications, NBER Book Series, Food Policy, Applied Economic Perspectives and Policy, Handbook of Agricultural Economics, and The World Economy.
He earned his BS in Economics in 2013 and his MS in Agricultural and Resource Economics in 2015 from the University of California, Davis. He received his Ph.D. in Applied Economics from the University of Minnesota in 2020.
Dr. Lim is Farm Foundation’s fifth Agricultural Economics Fellow and succeeds Dr. Sandro Steinbach (North Dakota State University), Drs. Trey Malone (University of Arkansas), Amanda Countryman (University of Colorado), and Alejandro Plastina (University of Iowa).
At its November 7 open meeting, the Public Service Commission of Wisconsin (PSC) took up rate increase proposals from both WE Energies and WPS utilities. The PSC either authorized or provided minor modifications to the utilities’ proposed plans for future costs, financials, and rate increases. A Wisconsin Public Radio article summarizes the results and reactions to the PSC’s decisions.
RENEW participated as a party in these rate cases and concentrated our efforts on utility policies, programs, and pricing that influence clean energy adoption for its customers. Although the PSC authorized some significant rate increases, it also authorized clean technology improvements that RENEW proposed and supported in these cases.
As it relates to WE Energies, RENEW has been working to eliminate the utility’s requirement to install two meters for its net energy metering customers, a cost-prohibitive requirement for people considering rooftop solar. WE Energies initially proposed allowing single bidirectional metering no sooner than January 1, 2026. RENEW pushed back on this implementation date, requesting a January 1, 2025 implementation date. The PSC ultimately authorized a compromise of June 1, 2025.
For both WE Energies and WPS utilities, RENEW also proposed an increase to the threshold for commercial customers to install larger “behind-the-meter” (BTM) distributed generation (DG), which, in many cases, is rooftop solar. RENEW proposed an increase from the current 1,000 kilowatts (kW) maximum to 5,000 kW, which is in line with other Wisconsin utilities as well as federal guidance. Although the utilities disagreed with RENEW’s proposal, the PSC ultimately agreed with RENEW and required these utilities to increase their commercial BTM offerings up to 5,000 kW by 2025, allowing commercial customers to increase their energy independence through clean energy.
Vote Solar also provided testimony regarding utility-avoided costs in relation to more equitable pricing for these larger commercial DG systems, which RENEW supported. While the PSC did not authorize pricing changes in these rate cases, it agreed to investigate these issues further in separate cases in the future.
We also saw changes with the EV pilot program and the Bring Your Own Device (BYOD) smart thermostat program for both WE Energies and WPS utilities. In the Electric Vehicle rate case, RENEW supported several changes to benefit EV owners.
Increasing a bill credit cap for home charging beyond the initial proposal
Allowing customers to own their charging equipment
Utility collaboration on developing a model for a multifamily dwelling EV charging program
Maintaining an EV charging rate of 50 kW to ensure the businesses can access a bill credit
The PSC kept the new home charging bill credit at its initially suggested rate of 400kWh and increased the threshold for businesses to access a bill credit to 150kW, going against our recommendations. The PSC did, however, approve the use of customer-owned charging equipment and the need for utilities to develop a model for EV charging at multifamily dwellings, like apartment buildings.
For the BYOD potion of the rate cases, WE Energies requested that their program be identical to Madison Gas and Electric’s original BYOD program with a participation cap of 7,000 devices (or homes). These programs allow utilities to connect to thermostats and adjust temperatures to lower energy use during periods of high use. These programs help save energy, control costs, and help reduce emissions.
RENEW requested a higher participant cap in the smart thermostat program due to We Energies and WPS’s larger customer base. We also asked for increased collaboration to explore future technologies, an earlier implementation date for these programs, and data reporting on participation and savings. The PSC raised the cap to 64,000 participants for WE Energies and 24,000 for WPS, mandated collaboration with RENEW to explore future technologies and ordered data reporting as requested. The PSC set the implementation date for these programs for January 2026 instead of moving up the deadline to the summer of 2025 as suggested by RENEW.
All in all, RENEW staff were able to achieve some focused and notable victories in these cases! Below is a summary of these clean technology policy improvements that will occur starting in 2025:
Applicable to WE Energies and WPS:
Large BTM DG systems are currently limited to 1,000 kW, but after RENEW’s testimony and recommendations the PSC will increase to 5,000 kW systems
PSC will take up several utility-avoided cost issues in new dockets
PSC authorized new BYOD smart thermostat pilot programs
PSC authorized improvements to both residential and commercial EV charging programs
Specific to WE Energies:
PSC authorized a compromise for bidirectional metering for net energy metering customers, with an implementation date of June 1, 2025.
The December Farm Foundation Forum, Tax Year 2025: Potential Impacts and Opportunities for Farmers and the Agriculture Sector, covered the possible outcomes and impacts for farms and the greater agricultural sector from potential changes to taxation policy in 2025 and beyond. Some key aspects discussed included the impact of expiring tax provisions, and specific issues like estate tax and bonus depreciation.
The conversation was moderated by Todd Van Hoose, president and CEO of Farm Credit Council, and included input from Mark Albright, public affairs specialist in tax outreach partnership and education at the Internal Revenue Service; Kent Bacus, executive director of government affairs at National Cattlemen’s Beef Association; Tia McDonald, research agricultural economist with USDA Economic Research Service; Paul Neiffer, agribusiness and business advisor with Farm CPA Report; and Elizabeth Swanson, national tax senior manager with Pinion.
Below are some of the main points presented by the panel.
Expiring Tax Provisions: Expiring tax provisions, including key provisions from the Tax Cuts and Jobs Act (TCJA) and the American Rescue Plan Act (ARPA), will impact farm households. These include the child tax credit, earned income tax credit, estate tax exemptions, and bonus depreciation, set to expire by the end of 2025.
Impact on Tax Liabilities: Expiring provisions are expected to increase tax liabilities by nearly $9 billion, with $650 million coming from the estate tax exemptions. The most significant increase will come from the expiration of changes to federal income tax rates, the removal of the state and local tax cap, and the reinstatement of the personal exemption.
Qualified Business Income (QBI) Deduction: The QBI deduction, which allows farm businesses to deduct 20% of their income, will be affected by expiring provisions. Larger farms benefit more from this deduction, but moderate-sales farms face the highest percentage increase in taxes due to the expiration of this provision.
Estate Tax and Exemptions: A major concern for farm households is the estate tax exemption, which will be halved in 2026, potentially leading to higher estate tax liabilities for farm families.
Concerns Over Bonus Depreciation: The phase-out of bonus depreciation, which allows faster write-offs of equipment costs, poses a risk to farm businesses that rely on capital-intensive equipment. The expiration could lead to significant tax burdens unless replaced with alternative provisions.
CTA Compliance and Penalties: The Corporate Transparency Act (CTA) mandates reporting beneficial ownership information for entities like LLCs. Failure to comply with CTA filing requirements can result in significant penalties. However, on December 3, 2024, the U.S. District Court for the Eastern District of Texas entered a preliminary injunction suspending enforcement of the Corporate Transparency Act (CTA) and its implementation of regulations nationwide.
IRS Resources for Farmers: Various IRS resources are available to farmers, including the Farmers Tax Guide, tax tips for farmers, and an online Agricultural Tax Center. These tools help farmers navigate tax complexities, especially regarding crop insurance, disaster payments, and updated provisions like mileage rates and self-employment tax thresholds.
The two-hour discussion, including the audience question and answer session, was recorded and is archived on the Farm Foundation website.
Please note: This summary was created with the help of ChatGPT. Please refer to the recorded session for full details.
Blue-state attorneys general let none of this go without a fight — filing dozens of lawsuits and taking other actions on all manner of Trump administration moves, not just those connected to the environment, energy and climate. Connecticut was in the thick of it, especially on climate issues related to air quality and the emissions known to contribute to global warming and climate change.
But the second Trump administration could prove even more challenging for the attorneys general. It arrives with previous experience and a team potentially less prone to the mistakes that often caused failures in court in the first go-round. Trump will also have majorities in both chambers of Congress to bolster his agenda.
There are also the very specific policy and action recommendations in Project 2025, the conservative governing plan developed by the Heritage Foundation with assistance from many officials connected to Trump’s first term. After facing serious blowback to the plan during the campaign, Trump claimed he knew nothing about it, though his campaign website contained some of the same ideas.
There is also a super-majority conservative U.S. Supreme Court that has already flexed its muscles. It has issued a number of rulings that have effectively closed off avenues for challenges. The Chevron decision in June and the court’s use of the so-called major questions doctrine both generally now restrict what agencies like the Environmental Protection Agency and Energy Department can do without specific direction from Congress.
“It’s hard to overstate how profound this change is,” Tong said. “It essentially overturns the whole apple cart of regulatory infrastructure in this country.”
“I think we’re expecting a fight on everything. And that regulatory process — in changes in rulemaking — is going to grind to a very slow crawl and in some cases, to a halt. And that was the point of the people that initiated this.”
The Supreme Court rulings were destined to cause difficulties for Connecticut and other states regardless of whether Trump or Harris won. Tong said he and his blue-state brethren had been planning for both contingencies, though he wouldn’t say what the strategies will be.
“We’ve been preparing for the prospect of the Trump presidency for a long time now, and we are very closely coordinated and aligned,” he said. “We are ready.”
Roger Reynolds, senior legal director with the advocacy group Save the Sound called the Supreme Court rulings hugely concerning. “We’re in a really critical place right now. They have a clear anti-regulatory agenda,” he said. “It’s about putting their hands on the scales on the side of the regulated industries.”
Connecticut’s Democratic senate leaders, President Martin Looney, D-New Haven, and Majority Leader Bob Duff, D-Norwalk, sent a letter last week to Gov. Ned Lamont urging him to prepare to combat Trump administration actions that could hurt the state and the region. The request follows California Gov. Gavin Newsom’s decision to hold a special legislative session to ensure there is enough money to take legal action against the Trump administration when necessary. Meanwhile, the governors of Colorado and Illinois are forming a blue state governors’ coalition to oppose Trump administration efforts.
The Biden administration has methodically reinstated many of Trump’s first administration rollbacks and fortified them with both regulatory-enhanced programs and funding, such as in the Inflation Reduction Act and the bipartisan infrastructure act.
Trump’s own campaign statements and promises as presented in his platform, Agenda 47, as well as Project 2025, could initiate another round of climate change, energy and environmental whiplash.
According to published reports, two of the first administration’s more effective members, EPA Administrator Andrew Wheeler and Interior Secretary David Bernhardt, both former fossil fuel industry lobbyists, are back at work in the transition and could be in line for positions in the new administration.
Within a week of the election Trump named former Long Island Republican congressman Lee Zeldin to run the EPA. He has limited environmental expertise but is a Trump loyalist. North Dakota Governor Doug Burgum, a fossil fuel proponent, was nominated to head the Interior Department and to lead a new National Energy Council. And a fracking company executive, Chris Wright, was named to lead the Energy Department and sit on that council. Wright has said there is no climate crisis.
A close review of the nearly 900-page Project 2025 shows that it targets climate change, as well as energy and environmental programs and regulations. The project seeks to cripple the EPA, curtail if not eliminate funding and subsidies for clean and renewable energy programs — including for electric vehicles — as well as eliminate the Office of Energy Efficiency and Renewable Energy. And it would eliminate any focus on environmental justice.
It seeks to repeal the Inflation Reduction Act, which is popular enough among Republicans whose states and districts have benefitted that 18 members of the House Republican Caucus sent a letter to Speaker Mike Johnson asking that it not be repealed.
Project 2025 also derides the idea of addressing climate change as a policy goal and seeks to remove even the mention of it broadly throughout government.
It contains pointed political statements such as this: “Mischaracterizing the state of our environment generally and the actual harms reasonably attributable to climate change specifically is a favored tool that the Left uses to scare the American public into accepting their ineffective, liberty-crushing regulations, diminished private property rights, and exorbitant costs.”
And it makes a number of specific recommendations to remove climate change as a consideration, such as with the Office of Energy Efficiency and Renewable Energy: “End the focus on climate change and green subsidies;” and for the Energy Department: “Eliminate political and climate-change interference in DOE approvals of liquefied natural gas (LNG) exports.”
Project 2025would privatize the National Weather Service and dramatically reduce the percentage of funding provided by the Federal Emergency Management Agency for recovery from disasters like the historic flooding Connecticut, and other states, have experienced due to climate change.
The impacts of any of these would likely be felt down to state and local levels.
Connecticut’s biggest worries
If the Trump administration implements the environmental recommendations of Project 2025, Connecticut as well as other states face the possibility that unspent federal funds for climate and energy projects could be clawed back, costing jobs and the economic development around them.
Among 11 bullet points a conservative administration should pursue in energy policy: “Support repeal of massive spending bills like the Infrastructure Investment and Jobs Act (IIJA) and Inflation Reduction Act (IRA), which established new programs and are providing hundreds of billions of dollars in subsidies to renewable energy developers, their investors, and special interests, and support the rescinding of all funds not already spent by these programs.”
There is also the potential that the funding Connecticut and nearly all states have grown to rely on for large energy and electric grid projects could disappear. Project 2025 calls for eliminating and defunding the Grid Deployment Office.
Connecticut and the entire New England grid has been counting on offshore wind development to bolster its energy capabilities in the face of expanding power needs for economic development around data centers and other large businesses, as well as for electrification needs for motor vehicle charging and heat pump conversions.
Department of Energy and Environmental Protection Commissioner Katie Dykes steered clear of any hand-wringing when asked what she expects from a second Trump administration. She did, however, note that roughly a quarter of DEEP’s budget for both programs and personnel comes from a variety of different federal grants across a number of different federal agencies, EPA being the big one.
“There are a lot of different scenarios that people are contemplating with the new Congress and with the new administration, but it’s early to say what may happen,” she said. “We’re assessing options under different scenarios, but it’s too early to tell what the impacts will be.”
She ticked off a laundry list of programs that recently received federal money and noted the need to get the funds distributed and implemented. “We’re staying in touch with our neighboring states and with project developers to help understand how we can be nimble in the face of any changes that may come.”
And she said DEEP will be collaborating with the state Attorney General’s office and will follow its lead on any steps that need to be taken to protect Connecticut’s mission and interests.
One likely impact for Connecticut is that Trump’s policies will further prolong the now 50-year battle for clean air.
The state continues to face pollution and ozone levels that have long kept it from meeting federal air quality standards. The entire state does not meet 2015 standards and the southern part doesn’t even meet more lenient ones from 2008. That’s even as still tighter standards were issued in February.
The heat of this summer has once again resulted in a large number of bad air days — 23. The result over time has been persistently high asthma rates in the state, especially among vulnerable populations.
A principal cause is pollution and greenhouse gases that blow in from Midwest power plants running on fossil fuels of oil, gas and coal. Connecticut has long contended the situation violates the Good Neighbor provision of the Clean Air Act designed to keep upwind states from polluting downwind ones.
After four years fighting the first Trump administration’s efforts to loosen regulations on both greenhouse gas and standard pollutant emissions, Tong’s office has remained active the last four years, battling red-state attorneys general attempting to thwart the Biden administration’s tighter Good Neighbor regulations. In June, the Supreme Court stayed those regulations and sent them back to the lower courts.
“It’s not great,” Tong said, when asked whether the case is now stuck. “That doesn’t mean I’m gonna fight any less hard than I have. It doesn’t mean that we are any less focused on it. No one’s giving up, and no one’s saying darn it, because we have Lee Zeldin and a six-three conservative court that we should just move on to other things. It’s clean air; it’s foundational and fundamental to public health, so we’re just gonna keep at it. It’s not optional.”
Reynolds at Save the Sound is equally gloomy, saying the current litigation scenario puts everything several years out — again. “It doesn’t mean that it’s not necessarily going to go forward, but it certainly means it’s not going to be implemented anytime in the near future,” he said. “It’s absolutely a fair assessment that we’re not going to see clean air in Connecticut anytime soon.”
And the axis on environmental and climate regulation is likely to flip again as the Trump administration is expected to replace the Biden rules with their own less restrictive ones. The rulemaking process takes time and is likely to set off a whole new wave of court challenges, delaying things even more.
This session, the Supreme Court is taking up a challenge to the 1970 National Environmental Policy Act that requires in-depth environmental reviews for federal projects. A recent federal appeals court ruling curtailed how those reviews can be structured.
There are also hints in Project 2025 that the second Trump administration might try to overturn the so-called Endangerment Finding, which allowed greenhouse gases to be regulated — specifically as part of motor vehicle, power plant and industrial emissions.
All of these could further limit the tools attorneys general and others have for challenging environmental laws and regulations the new administration may want to overturn from the Biden era and before, or may seek to put in place.
Reynolds points out that states still have a lot of power — to approve power plants and review pipelines, among other things. And he notes that the Clean Air and Clean Water Acts specifically allow citizen suits if the federal government isn’t complying with those laws. He said that’s been Save the Sound’s bread and butter in upholding environmental regulations.
“That’s why, since the ‘70s, through all the administrations we’ve had, many of which have put a bull’s eye on environmental regulations, we’ve continued to have progress,” he said. “Our strategy is going to continue to be to enforce these incredibly powerful acts, and fight rollbacks and do what we can to get funding for these initiatives, and to get states and municipalities to take the lead.”
Reynolds isn’t the only one talking about states and municipalities taking the lead.
Brad Campbell, president of the Conservation Law Foundation and a former EPA regional administrator, said simply opposing Trump as state and local officials did during the first administration will not be enough this time, based on what Project 2025 espouses and what Trump has already said, because both clearly cater to the fossil fuel industry.
“What we’ll be pushing for is for states to fill in any gaps that are created by Trump’s attacks on federal agencies and the rollback of some standards,” he said. “A major concern in New England is the climate investments that Biden was able to secure in Congress. Those are enormously important to accelerating New England’s energy transition.”
But if the Trump administration embraces Project 2025’s threat to cut funding to clean energy and other climate-targeted programs, tax incentives and entire programs and offices — across all government, not just environment and energy areas — will states have the money to take the lead?
“States may have to come up with additional funding for the energy transition if the federal government goes into full retreat,” Campbell said.
Focus on the states
“Not going to happen this year,” said Sen. Norm Needleman, D-Essex and co-chair of the Energy and Technology Committee. “The state budgets before Trump won are already out of balance.”
He noted that many state employees — including at DEEP — are paid in whole or part with federal funds. “If you lose 10% of state employees because their funding is cut directly by federal budget changes,” he said. “I don’t know how we make that up, right? I just think it’s going to be a stressful, difficult time.”
Needleman said he still plans to hold a series of meetings before the legislative session begins to formulate policies and initiatives.
“I do not believe that anyone can fight a battle with only a strong defense. I think we need a combination of a sensible offense and a thoughtful defense about the damage that they can do, because we are going to have a target on our back,” he said.
His co-chair, Rep. Jonathan Steinberg, D-Westport, said he and Needleman are already trying to figure out whether to resurrect some of the major energy, environmental and climate legislation that failed in the last two sessions. The presumption at that time was that the federal government would be at least neutral, if not supportive broadly of climate change initiatives.
“This may further chill our willingness to take on big things,” he said. “I would never throw up my hands and walk away. But coming into the session I was already feeling frustrated, constrained, finding it difficult to do the things that I think we really need to do, which are of bigger consequence, like a lot of this necessary investment in infrastructure.
“Now you layer in on top of it, either federal preemption of any regulatory framework we might choose, or certainly a cessation or diminishment of funding for the things that we’ve counted on the feds for in the past. It’s very hard to figure, what do we do first?”
Sen. Ryan Fazio, R-Greenwich and ranking member on the committee, said his goal is to make the best policy he can in alignment with his goals of low cost, reliable and environmentally responsible energy.
“Whether there’s a Democratic presidential administration or a Republican one, and there is going to be both in the next 20 years, and policy at the federal level — you make the best of it,” he said. “I haven’t seen, really in any substantial way, that federal policy has helped us meet those goals in Connecticut over the last decade or so.
“The goal is to make policy on a state level. You can’t count on federal policies. We need things to be sustainable on their own. Subsidies will not solve our woes.”
Steinberg offers some ideas for getting money if federal funding decreases or disappears. He suggests collaborations with the business community or investors.He said it might be worth considering something like taxing data center developers to cover the energy burden they bring. Such a tax could be reduced or eliminated if the company installs solar, geothermal, or some other energy reduction mechanism. “Anything to mitigate their energy burden by like a third or 50% before they can escape this tax,” he said.
The point, Steinberg said, is to figure out ways to get things done. It could be opting for low cost solutions in the near term or working with the Green Bank on private funding sources.
“I think that there are things that we must explore doing, even if it’s going to be harder,” he said.
Others said the transition to clean energy in New England is well underway which will help survive another round of Donald Trump.
“There is so much momentum behind clean energy technologies in particular,” said Julie McNamara, deputy policy director climate and energy at the Union of Concerned Scientists. “It’s two things at once. There will continue to be progress and there will not be as much progress as there could or must have been.
“Certain things will slow or stop because we’re approaching the parts of the clean energy transition where it gets hard. A lot of the low-hanging fruit has been picked, and so we’re starting to need to take those next further steps, the kind of things where It takes real, intentional work to couple policy with economics and a vision for the future.”
But Steinberg warned against the impulse to just wait Trump out. “It is not only not an answer; it would be irresponsible, in my view.”
He said everyone will need to be creative. “But the one thing we cannot lose is our resolve,” he said. “We just need to keep doing it, because we don’t have a choice.”
The Biden administration has enacted the most consequential federal clean energy and climate policy in U.S. history, giving the nation a fighting chance at reducing greenhouse gas emissions fast enough to deal with the climate crisis. Former President Donald Trump, who has won the 2024 presidential election, has pledged to undo that work.
Though Trump’s executive powers will allow him to slow the energy transition in a number of ways, the extent to which he rolls back Biden’s clean energy accomplishments will be dictated in part by whether Republicans retain control of the House of Representatives. The GOP flipped the U.S. Senate, but votes are still being counted in key House races as of Wednesday morning.
Here’s what clean energy and climate experts say is most likely to be lost under a second Trump administration — and what might survive.
What Trump has said about energy
Trump’s rhetoric presages a worst-case future. He has called climate change a hoax and the Biden administration’s climate policies a “green new scam.” He has said he wants to repeal the landmark Inflation Reduction Act and halt the law’s hundreds of billions of dollars of tax credits, grants, and other federal incentives for clean energy, electric vehicles, and other low-carbon technologies.
Trump has also made “drill, baby, drill” a call-and-response line at his rallies, pledging to undo any restraints on production and use of the fossil fuels driving climate change. U.S. oil and gas production is already at a record high under the Biden administration.
“He has pledged to do the bidding for Big Oil on day one,” Andrew Reagan, executive director of Clean Energy for America, said during a recent webinar.
“Oil and gas lobbyists are drafting executive orders for him to sign on day one,” Reagan added, citing news reports of plans from oil industry groups to roll back key Biden administration regulations and executive orders.
A Trump administration would be all but certain to reverse key Environmental Protection Agency regulations limiting greenhouse gas emissions from power plants, light-duty and heavy-duty vehicles, and the oil and gas industry, all of which analysts say are necessary to meet the country’s climate commitments. It’s also almost sure to lift the Biden administration’s pause on federal permitting of fossil-gas export facilities.
Trump has also promised to withdraw the U.S. from international climate agreements (again), including the Paris agreement aimed at limiting global warming to no more than 2 degrees Celsius above pre-industrial levels.
“We know that Trump would take us out of the Paris agreement, and that would be the last time his administration uttered the word ‘climate,’” Catherine Wolfram, an economist at the MIT Sloan School of Management and former deputy assistant secretary for climate and energy economics in the Biden administration’s Treasury Department, told Canary Media. “Losing that global leadership would be one of the greatest losses of a Trump presidency.”
What will happen to the Inflation Reduction Act?
Trump won’t have the power to enact all of his promises on his own. Some of the decisions must be made by Congress, including any effort to repeal the Inflation Reduction Act or to claw back unspent funds from that law or the 2021 bipartisan infrastructure law.
Complete repeal of the Inflation Reduction Act would be highly disruptive to a clean energy sector that has seen planned investment grow to roughly $500 billion since the law was passed in mid-2022.
It would also undermine clean energy job growth, which has increased at roughly twice the pace of U.S. employment overall. A recent survey of clean energy companies found that a repeal of the law would be expected to lead to half of them losing business or revenue, roughly one-quarter losing projects or contracts, about one-fifth laying off workers, and about one in 10 going out of business.
“We found that especially rural areas and smaller rural communities would experience the largest negative impacts of repeal of the Inflation Reduction Act,” Shara Mohtadi, co-founder of S2 Strategies, said in an October webinar presenting the survey data. “These are the regions of the country that have seen the biggest uptake in the economic benefits and the manufacturing jobs coming from other countries into the United States.”
These on-the-ground realities have driven expectations that large swaths of the law’s tax credits would be likely to survive even with Republican control of the White House and both houses of Congress. Trump would face pushback within his own party to undoing the law entirely.
In an August letter to current Speaker of the House Mike Johnson (R-Louisiana), 18 House Republicans warned against repealing the clean energy and manufacturing tax credits created by the Inflation Reduction Act, which have “spurred innovation, incentivized investment, and created good jobs in many parts of the country — including many districts represented by members of our conference.”
“Prematurely repealing energy tax credits, particularly those which were used to justify investments that already broke ground, would undermine private investments and stop development that is already ongoing,” the 18 House Republicans wrote. “A full repeal would create a worst-case scenario where we would have spent billions of taxpayer dollars and received next to nothing in return.”
Republicans would need a roughly 20-seat majority to overcome opposition from these party members opposed to a full repeal, said Harry Godfrey, head of the federal investment and manufacturing working group of trade group Advanced Energy United.
“I don’t envision Republicans holding the House with 20-plus seats,” he said.
Godfrey also doubted that a Trump administration would be eager to undermine the domestic manufacturing boom that the law’s tax credits have spurred. He noted that at the October 1 vice-presidential debate, J.D. Vance, the Republican Ohio senator and Trump’s running mate, emphasized the need for the U.S. to “consolidate American dominance” in key energy sectors and industries now dominated by China.
While Vance went on to falsely accuse the Biden administration of failing to bolster U.S. industries against China, the goal of emphasizing domestic competitiveness could lead Republicans to avoid undermining progress in that direction, he suggested.