Another court strikes down state punishment of Planned Parenthood | Arkansas Blog

Thursday, July 14, 2016

Another court strikes down state punishment of Planned Parenthood

Posted By on Thu, Jul 14, 2016 at 7:08 AM

click to enlarge ANOTHER COURT WIN: Planned Parenthood succeeds in challenge to Utah restriction on Medicaid funding for health exams.
  • ANOTHER COURT WIN: Planned Parenthood succeeds in challenge to Utah restriction on Medicaid funding for health exams.
Add the 10th U.S. Circuit Court of Appeals to the list of courts that has struck down laws like that adopted in Arknasas to deprive Medicaid funding for Planned Parenthood because politicians disapprove of the organization's abortion services. The money cut off is not for medical exams, but for a range of other health services, mostly for women.

A district judge has temporarily blocked a similar money blockade in Arkansas, directed by Gov. Asa Hutchinson.

The latest court ruling concerns Utah. There, as in Arkansas and other states, the money cutoffs have been defended on the basis of dishonest videos circulated about Planned Parenthood by an anti-abortion group. The videos concerned legal use of fetal tissue at two Planned Parenthood affiliates, neither in Arkansas (or Utah).

The Circuit Court noted that the funding cutoff was based on misinformation and that it was designed to punish the organization for engaging in a legal activity. The cutoffs have harmed public health, by reducing availability of contraception and medical exams for poor women.

You could easily substitute Arkansas and Hutchinson for the state and state official named in the Utah case.

T
he 10th Circuit further noted that prior to Herbert’s defunding order, “at no time has UDOH [Utah Department of Health] complained about the services provided by PPAU, or otherwise claimed that PPAU was not qualified to provide services.” The opinion further explained that not only had PPAU won competitive contracts from the state on multiple occasions but the amount provided through those grants had also been increased in exchange for continuing service.

As the court concluded, Herbert “more likely than not” put politics above program effectiveness when making his decision to block PPAU’s funding:

Considering all of this evidence together, we conclude that a reasonable finder of fact is more likely than not to find that Herbert issued the Directive to punish PPAU for the First and Fourteenth Amendment rights it has identified in this litigation. In particular, we conclude that a reasonable finder of fact is more likely than not to find that Herbert, a politician and admitted opponent of abortion, viewed the situation that presented itself by release of the CMP videos as an opportunity to take public action against PPAU, deprive it of pass-through federal funding, and potentially weaken the organization and hamper its ability to provide and advocate for abortion services.
Facts and law won't trump the religion that is driving Asa Hutchinson, Leslie Rutledge and the Republican majority legislature to limit medical services for women.

Tags: , , , ,


Sign up for the Daily Update email
Favorite

Comments (6)

Showing 1-6 of 6

Add a comment

 
Subscribe to this thread:
Showing 1-6 of 6

Add a comment

More by Max Brantley

  • Where's the outrage?

    Am I the only person, apart from federal prosecutors, outraged about the criminal enterprise that inveigled itself into a privileged position as an Arkansas taxpayer-financed human services provider to the tune, today, of $43 million a year?
    • Jun 21, 2018
  • Where's the outrage?

    • Jun 21, 2018
  • Rutledge opponent hits her socializing with corporate interests

    Mike Lee, the Democratic candidate for attorney general, has criticized Attorney General Leslie Rutledge over recent reports of her participation at private meetings where corporate interests make big contributions to a political group she heads for access to state legal officers.
    • Jun 21, 2018
  • More »

Readers also liked…

  • Arkansas Supreme Court refuses to rehear invalidation of marijuana act

    The Arkansas Supreme Court today denied a request to rehear its decision invalidating Issue 7, the medical marijuana initiated act.
    • Nov 3, 2016
  • Trump immigration protest at LR: Quick and fierce

    It was not even 24 hours ago that Sophia Said, director of the Interfaith Center; City Director Kathy Webb and others decided to organize a protest today of Donald Trump's executive order that has left people from Muslim countries languishing in airports or unable to come to the US at all — people with visas, green cards,a  post-doc graduate student en route to Harvard, Google employees abroad, families. I got the message today before noon; others didn't find out until it was going on. But however folks found out, they turned out in huge numbers, more than thousand men, women and children, on the grounds of the state Capitol to listen to speakers from all faiths and many countries.
    • Jan 29, 2017
  • Your daily dose of Jason Rapert

    Sen. Jason Rapert really, really didn't like it when a KATV reporter asked him about the hypocrisy of his political arguments.
    • Feb 4, 2017

Most Viewed

  • Proposed child holding site in Arkansas 5 miles from WWII Japanese-American internment camp

    One big difference between Rohwer and today: The parents kept at Rohwer in World War II weren't separated from their children.
  • Baby gorilla born at zoo

    The Little Rock Zoo has a happy announcement: The birth of a healthy baby gorilla. The baby, whose sex has not been determined, was born to Sekani, who came to the zoo in 2004 from Toronto; her baby is her third. The father of the baby is a silverback, Kivu, and he is being "very attentive" to his first child, the zoo reports. Kivu came to the zoo in 2016 from Santa Barbara.

Most Recent Comments

  • Re: Digital kiosk to be unveiled Monday

    • Rapert will, undoubtedly, buy lots of space and time on the kiosk devoted to his…

    • on June 22, 2018
  • Re: Hemp growing rules OK'd

    • We will be smoking rope and and twine, mabye the ADC can us the hemp…

    • on June 22, 2018
  • Re: TGIF video and open line

    • This is a really interesting weather news story. And it's a book review. Andrew Revkin…

    • on June 22, 2018

Slideshows

 

© 2018 Arkansas Times | 201 East Markham, Suite 200, Little Rock, AR 72201
Powered by Foundation