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Planned Parenthood ban in Texas stopped

The fighting over funding Planned Parenthood continues.

In an earlier post, I observed that these fights over taxpayer funding of Planned Parenthood are being won less over grand constitutional principles and more on legislative and regulatory arguments.

In this case, Planned Parenthood in Texas is attacking the state ban (on federal funds going to organizations that provide abortions) on two fronts. First, they have filed a federal lawsuit alleging that the ban violates the free speech rights of Planned Parenthood. The case is going to go to trial in federal court but Planned Parenthood lost its request to have a temporary injunction on the funding ban while the trial goes on.

Second, Planned Parenthood argues that a provision of Texas's administrative code prevents the state from doing anything that costs the state federal funds:
Under the Texas Human Resources Code, which governs the women’s health program, any provision is “inoperative if it causes Texas to lose federal matching funds” for that program, Planned Parenthood said in an e-mailed statement. “The rule will cost Texas taxpayers nearly $200 million over five years." (Source: Bloomberg News)
On this claim, Planned Parenthood won a temporary injunction.

Unlike other contraception and abortion related issues, I think that funding fights will remain essentially political in nature: I just don't see Planned Parenthood keeping taxpayer money flowing through constitutional claims. (Feel free to let me know if and why you disagree.) Texas may lose the battle on funding in the short term, but nothing prevents the state from changing its regulatory code to harmonize it with the state government's clear desire to defund abortion-providing organizations.

Links:

Article in Bloomberg News (October 27, 2012): Planned Parenthood Gets Texas Clinic Funding Ban Halted

Article in the Los Angeles Times (October 26, 2012): Planned Parenthood battles Texas in court over funding

Link to the federal Fifth Circuit decision (pdf): Planned Parenthood of Hidalgo County vs. Suehs, No. 12-50377 (5th Cir., August 21, 2012)

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