Federal appeals court allows Texas to defund Planned Parenthood

Disagreement over Planned Parenthood between the federal government and Texas could leave women in that state without access to health care. / CBS News

(AP) AUSTIN, Texas - A federal appeals court ruled late Tuesday that Texas can cut off funding for Planned Parenthood clinics that provide health services to low-income women before a trial over a new law that bans state money from going to organizations tied to abortion providers.

The 5th U.S. Circuit Court of Appeals in New Orleans lifted a federal judge's temporary injunction that called for the funding to continue pending an October trial on Planned Parenthood's challenge to the law.

State officials sought to cut off funding to Planned Parenthood clinics that provide family planning and health services to poor women as part of the Texas Women's Health Program after the state's Republican-led Legislature passed a law banning funds to organizations linked to abortion providers. No state money goes to pay for abortions.

The appeal's court decision means Texas is now free to enforce its ban on clinics affiliated with abortion providers. Planned Parenthood provides cancer screenings and other services — but not abortions — to about half of the 130,000 low-income Texas women enrolled in the program, which is designed to provide services to women who might not otherwise qualify for Medicaid.

The ruling is the latest in the ongoing fight over Texas' efforts to halt funding to clinics affiliated with abortion providers. The federal Centers for Medicare and Medicaid Services has said that the new state rule violates federal law. Federal funds paid for 90 percent, or about $35 million, of the $40 million Women's Health Program until the new rule went into effect. Federal officials are now phasing out support for the program.

Judge: Texas can't cut out Planned Parenthood
Dispute impacts women's health care in Texas

Texas Gov. Rick Perry

/ CBS News/Brian Montopoli

Gov. Rick 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.

In a statement, Perry called Tuesday's ruling "a win for Texas women, our rule of law and our state's priority to protect life."

"Texas will continue providing important health services for women through this program in spite of the Obama Administration's disregard for our state law and unilateral decision to defund this program," the governor said.

Perry's office referred questions about continued funding for the Women's Health Program to the Texas Health and Human Services Commission, which said it would move to begin enforcing the ban.

Cecile Richards, president of the Planned Parenthood Action Fund, said the case "has never been about Planned Parenthood — it's about the women who rely on Planned Parenthood for cancer screenings, birth control and well-woman exams."

"It is shocking that politics would get in the way of women receiving access to basic health care," Richards said in a statement.

The case began when Planned Parenthood sued, saying the new Texas law violated its rights to free speech. Texas Attorney General Greg Abbott countered by arguing that lawmakers may decide which organizations receive state funds.

A federal judge in Austin ruled in May that the funding should continue pending the trial on Planned Parenthood's lawsuit, saying there's sufficient evidence the state's law is unconstitutional.

But the three-judge appellate panel disagreed, unanimously finding that Planned Parenthood was unlikely to prevail in future arguments that its free-speech rights were violated.

Abbott cheered the decision Tuesday, noting that it "rightfully recognized that the taxpayer-funded Women's Health Program is not required to subsidize organizations that advocate for elective abortion."

"We are encouraged by today's decision and will continue to defend the Women's Health Program in court," Abbot said in a statement.

The ruling comes as conservative groups across the nation try to pass and enforce laws to put Planned Parenthood out of business and make getting an abortion more difficult. Earlier this year the same court upheld a new Texas law requiring doctors to perform a sonogram and provide women with a detailed description of the fetus before carrying out an abortion.

Richards said the decision left Planned Parenthood "evaluating every possible option to protect women's health in Texas."

[stead009]

According to PLANNED PARENTHOOD's annual report they PERFORMED 333,964 abortions. What happened to responsibility in journalism? A little biased there CBS or is someone telling you to LIE?

[sweetness81]

I don't get where they are saying that Planned Parenthood doesn't provide abortions. Go to their website and look at their financial statement. Look on services provided: "abortions".

Crazy, inaccurate reporting. And very alarmist. "Republicans hate women and want them to die".

Crazy!

[sarum12]

Wow, Frune! Hope you didn't waste too many brain cells on that brilliant post. If Gov. Perry does end up there, it certainly won't be for protecting the unborn. Perhaps you should check "the list" and make sure you do what you need to to not end up there.

[GODOG_THE_SUPREME_SHEHE]

Only in USAmerica and probably many Fundamentalist Islamic states does a rapist have parental rights.

Eventually the Christo-fascists and the Islamo-fascists will join forces to try and turn every women back into a non-person whose sole purpose is breeding sons.

http://georgetownlawjournal.org/files/pdf/98-3/Prewitt.PDF

[cntrygirl3]

I am sure republicans all over the country are ecstatic. No health services for poor women. More breast cancer and cervical cancer. More unwanted pregnancy, more women and infants dying. But they are all poor so who cares. This is the republican position and not just in Texas. Remember this when you mark that ballot, remember this is what republicans want to see across the country. No health care, no insurance, no hope for the poor especially if they are women.

[askagain]

What is the problem? States should be able to determine how their taxpayer's money will be used. If Texans don't like this, they have the option of voting in new legislators. That is suppose to be the way things are done. In my state, our governor has engineered large tax increases. Those of us who are unhappy, can vote for his opponent in the next election.

[hulcys930]

Planned Parenthood does NOT perform abortions. Planned Parenthood does NOT pay for abortions. Planned Parenthood does NOT "advocate" in favor of abortions. Planned Parenthood provides cancer screening tests (pap smears, breast exams, etc.), family planning information (how to GET pregnant OR how to keep from getting pregnant OR how to decide when to have children or not), and well-woman exams for POOR people. This is simply another instance of Perry and the GOP showing that they could care less if anyone who is not in the upper income brackets has access to healthcare or not.

[Facebooker01]

http://www.plannedparenthood.org/health-topics/abortion/in-clinic-abortion-procedures-4359.asp

Where Can I Get an In-Clinic Abortion? How Much Does It Cost?

Abortions are available at many Planned Parenthood health centers, clinics, and the offices of private health care providers. Use our health center locator to find the nearest Planned Parenthood health center that offers abortion services. If there is not a health center nearby that provides the abortion services you need, call your nearest center for a list of referrals.

It can be difficult to find a health care provider who performs abortions after the first trimester. To find one of these providers, call The National Abortion Federation at 1-877-257-0012. Please keep in mind that after about 24 weeks of pregnancy, abortions are usually performed only for serious health reasons.

Nationwide, the cost at health centers ranges from about $300 to $950 for abortion in the first trimester. The cost is usually more for a second-trimester abortion. Costs vary depending on how long you've been pregnant and where you go. Hospitals generally cost more.

[Facebooker01]

You are delusional if you believe they do not advocate for and perform abortions. Have you ever set foot in Planned Parenthood?

[WHAT-IS-HE-SMOKING]

"The ruling is the latest in the ongoing fight over Texas' efforts to halt funding to clinics affiliated with abortion providers. The federal Centers for Medicare and Medicaid Services has said that the new state rule violates federal law. Federal funds paid for 90 percent, or about $35 million, of the $40 million Women's Health Program until the new rule went into effect. Federal officials are now phasing out support for the program."
"Texas will continue providing important health services for women through this program in spite of the Obama Administration's disregard for our state law and unilateral decision to defund this program," the governor said.
Ricky baby, the federal government paid 90% but you passed the law and now that they are not, it is their fault?

[jlaigo2]

Can't they just fund this with there new daycare MMA program?

[askagain]

What is the problem? States should be able to determine how their taxpayer's money will be used. If Texans don't like this, they have the option of voting in new legislators. That is suppose to be the way things are done. In my state, our governor has engineered large tax increases. Those of us who are unhappy, can vote for his opponent in the next election.

[nomorelibs]

Liberals = Alarmists... and most people see this. "Oh my god, women can't get the gov't to pay for abortions or birth control". Here's an idea, pay for it yourself. You made the "mistake", you clean it up. Quit whining about it.

[Cimurgh]

The problem with that is, when there are enough barriers between a woman and her access to a safe clinical abortion, she WILL clean up her mistake... however she can. Or perhaps she won't, and you will end up paying for it anyway when her unloved child is either relinquished to a life in the system or raised by a household that does not want them, a situation that often breeds criminals.

No one likes abortion. But sometimes the choice you make is between a bad one, and a worse one. Denying it will not change the truth, although I can certainly see the appeal.