Judge: Texas can't cut funds to Planned Parenthood

May 6, 2012 By CHRIS TOMLINSON , Associated Press

(AP) -- A federal appeals court ruled Friday that Texas cannot ban Planned Parenthood from receiving state funds, at least until a lower court has a chance to hear formal arguments.

A three-judge panel of the Fifth Circuit Court of Appeals agreed Friday with a lower court that there's sufficient evidence the state's law preventing from participating in the Women's Health Program is unconstitutional. The program provides basic health care and contraception to 130,000 poor women.

District Court Judge Lee Yeakel had issued an injunction keeping Texas from enforcing the law on Tuesday, but Texas Attorney General Greg Abbott appealed to the Fifth Circuit in New Orleans.

On Friday, the court said Texas Attorney General Greg Abbott hadn't shown that Texas would be irreparably harmed by holding off on enforcing the new law until a trial can be held in Austin.

The so-called affiliate rule passed last year by the Republican-controlled Texas Legislature forbids state agencies from providing funds to an organization affiliated with abortion providers, even if all they share is a name. Eight Planned Parenthood clinics that do not provide abortions sued the state. They claimed the law violated their rights to freedom of speech and freedom of association.

"This case isn't about Planned Parenthood; it's about the women who rely on Planned Parenthood for cancer screenings, birth control, and well-woman exams," said Cecile Richards, president of the Planned Parenthood Action Fund. "We won't let politics interfere with the health care that nearly 3 million people a year rely on Planned Parenthood for in Texas and around the country."

Catherine Frazier, spokeswoman for Gov. Rick Perry, said the state would explore all available legal options.

"Today's developments do not change our concerted effort in coordination with Attorney General Abbott to defend the will of Texans and our state law, which prohibits taxpayer funds from supporting abortion providers and affiliates in the Women's Health Program," Frazier said.

The federal Centers for Medicare and Medicaid Services said last month that the rule violates federal law. Federal funds paid for 90 percent of the $40 million Women's Health Program until the new rule went into effect, and federal officials are now phasing out support for the program. Perry has promised that Texas will make up for the loss of federal funds to keep the program going without Planned Parenthood's involvement.

State officials have said ending the program would result in more unplanned pregnancies that would cost the state much more than self-financing the program.

However in court papers, Texas Solicitor General Jonathan Mitchell said the state would cut all funds if the federal courts ordered Texas to allow Planned Parenthood to participate in the program.

"State law prohibits Texas from continuing to operate the Texas Women's Program if taxpayer money must be provided to entities that affiliate with abortion-promoting entities," a motion filed by Mitchell said. "Consequently, the district court's preliminary injunction effectively forces Texas to choose between contravening state law and shutting down the program."

Explore further: Feds to halt Texas Women's Health Program funding

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3 comments

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Lurker2358
1 / 5 (2) May 06, 2012
at least 1 in 5 women is a murderer.

The abortion rate is now 241 per 1000 live births.

Americans actually perform more "human sacrifice" than the ancient pagans, per capita.

The Jews believe that God was owed a "tithe" of everything, and the children was "redeemed" symbolically through an animal sacrifice, which was essentially functionally an offering to a priest, symbolic of Jesus dying in the place of sinners.

In the modern world, Americans "double tithe" in DEATH of their own conceived offspring: two out of every ten conceived are intentionally aborted.

That's how SICK you bastards are.

You cry for the death of a livestock animal, and rejoice as the abortion of a human being.
jonnyboy
3 / 5 (2) May 06, 2012
u r a moron
tekram
not rated yet May 12, 2012
@Lurker, You've got your math all wrong and your first sentence of proclamation about murder is just BS. The abortion rate is 16 per 1000 women. The number you are quoting is the abortion ratio. Whether right or wrong, 16/1000 women decided to take a legal choice available to them, that seems like an awfully low number.

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