The 5th U.S. Circuit Court of Appeals overturned a previous appellate court decision on Monday ruling that Texas and Louisiana will be able to cut off Medicaid funding to Planned Parenthood clinics.
The ruling reversed an earlier ruling that blocked Texas from enforcing its ban on Medicaid funding for Planned Parenthood. However, the ruling also affects Mississippi, which is also under 5th Circuit jurisdiction.
This case has been working its way through the regional circuit and appellate courts for years, often ending in deadlocked decisions on even-numbered panels. Now, six judges who are appointees of President Trump sit on the court, four of whom participated in Monday’s decision by joining with Judge Priscilla Owen’s opinion.
Via Just The News
Owen’s decision concludes that Planned Parenthood affiliates cannot contest the state’s determination that they are not eligible to receive Medicaid funds.
Judge James Dennis penned the dissent arguing that the court’s ruling conflicts with the decisions of other circuit courts and will render millions of individuals in Texas, Louisiana, and Mississippi “vulnerable to unlawful state interference with their choice of health care providers.”
Planned Parenthood says, “About a third of the revenue received at Planned Parenthood (34%) is from government health services reimbursements and grants, such as Medicaid and Title X. In 2017, those reimbursements and grants added up to $564 million – all of which went to health centers for medical services,” meaning that this ruling could financially devastating for the company.
The Supreme Court has previously rejected limiting regulations on abortion clinics from the state of Louisiana, however, along with other state-level bans, this legislation has the potential to make its way to the Supreme Court.
If the SCOTUS takes the case will be an opportunity to see how the now 5-4 (sometimes Roberts too) conservative court will rule, based on law, and not on pressures coming from the pro-abortion lobby.
Will Justice Barrett be the deciding vote in this case, to the outcry of those who will never get over late Justice Ginsburg’s decision to not retire during Obama’s second term.
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