In a significant blow to the Trump administration, a federal appeals court suggested on Wednesday that it may attempt to pare back President Donald Trump’s directive requiring medical facilities in Washington, D.C. to “gag” on information regarding its approach to the coronavirus pandemic.
The three-judge panel on the U.S. District court for the District of Columbia indicated that the Trump directive, which was issued in March, likely violated certain First Amendment rights. The directive obliged medical facilities to US Health and Human Services (HHS) Secretary Alex Azar to withhold information.
“The gag order requires third-party medical facilities to seek HHS approval before speaking—or even replying to a question—about the public health and safety strategies the government has taken in response to the pandemic,” the court stated. “We previously acknowledged the circumstances here warrant our deciding in favor of [the doctors and medical facilities]).”
In ruling against the Trump edict, the court found that doing so would be appropriate in light of the fact that the gag order was issued after the Secretary Azar failed to properly respond to the medical facilities inquiries about the federal government’s policy decisions.
The ruling means that medical facilities who are impacted by the directive may now speak freely about their respective concerns with regard to policy decisions by the Trump administration.
It is expected that the Trump administration may appeal the ruling. However, as the court has now seemingly established precedent, it is thought that the white house will have a difficult time in fighting the decision.