(a) Because § 1008 is evasive, in that it does not speak directly to the issues of abortion counselor, referral, and advocacy, or to programme honor, the Secretarys construction must be accorded substantial slackenence as the interpretation of the agency charged with administering the statute, and may not be disturbed as an abuse of discretion if it reflects a glib construction of the statutes plain language and does not otherwise betrothal with Congress expressed intent. Chevron U.S.A. Inc. v. Natural Resource Defense Council, Inc., 467 U.S. 837, 842-844. P. 184.
(b) title Xs broad language plainly allows the abortion counseling, referral, and advocacy regulations. Since the Title neither defines [p174] § 1008s method of family planning phrase nor enumerates what types of medical and counseling services are entitled to funding, it cannot be said that the Secretarys construction of the § 1008 prohibition to require a ban on much(prenominal) activities within Title X projects is impermissible. Moreover, since the legislative history is ambiguous as to Congress intent on these issues, this Court will defer to the Secretarys expertise.
Petitioners contention, that the regulations are entitled to little or no submission because they reverse the Secretarys longstanding policy permitting nondirective counseling and referral for abortion, is rejected. Because an agency must be given ample latitude to adapt its rules to ever-changing circumstances, a revised interpretation may deserve deference. The Secretarys compound of interpretation is amply supported by a healthy analysis indicating that the new regulations are more in retention with the statutes original intent, are justified by client be under the prior policy, and accord with a shift in attitude against the elimination of unborn children by abortion. Pp. 184-187.
(c) The regulations program integrity requirements are not...If you want to get a full essay, ready it on our website: Orderessay
If you want to get a full essay, wisit our page: write my essay .
No comments:
Post a Comment