Tag Archives: Defunding

U.S. Supreme Court rebuffs Planned Parenthood defunding case

By Andrew Chung

(Reuters) – The U.S. Supreme Court on Tuesday turned away South Carolina’s bid to cut off public funding to Planned Parenthood, the latest case involving a conservative state seeking to deprive the women’s healthcare and abortion provider of government money.

The justices declined to hear South Carolina’s appeal of a lower court ruling that prevented the state from blocking funding under the Medicaid program to Planned Parenthood South Atlantic, the organization’s regional affiliate.

Planned Parenthood South Atlantic operates clinics in Charleston and Columbia, South Carolina, where it provides physical exams, cancer and other health screenings, as well as abortions. Each year the clinics serve hundreds of patients who receive Medicaid, a government health insurance program for low-income Americans.

Numerous Republican-governed states have pursued direct and indirect restrictions involving abortion. Planned Parenthood often is targeted by anti-abortion activists. Planned Parenthood is the largest single provider of abortions in the United States and also receives millions of dollars in public funding for other healthcare services.

Planned Parenthood and Medicaid patient Julie Edwards sued the state’s Department of Health and Human Services in 2018 after officials ended the organization’s participation in the state Medicaid program.

The state took the action after Governor Henry McMaster, a Republican, issued executive orders declaring that any abortion provider would be unqualified to provide family planning services and cutting off state funding to them. The state’s action forced Planned Parenthood to turn away Medicaid patients seeking healthcare services, according to a court filing.

South Carolina already did not provide Medicaid reimbursements for abortion except in cases of rape, incest, or if the mother’s life was in danger, as required by federal law.

The Richmond, Virginia-based 4th U.S. Circuit Court of Appeals blocked the state’s decision in 2019, saying that by ending Planned Parenthood’s Medicaid agreement for reasons unrelated to professional competency, the state violated Edwards’ right under the federal Medicaid Act to receive medical assistance from any institution that is “qualified to perform the service.”

In appealing to the Supreme Court, the state’s health department said Medicaid recipients do not have a right to challenge a state’s determination that a specific provider is not qualified to provide certain medical services.

The Supreme Court in 2018 rejected similar appeals by Louisiana and Kansas seeking to terminate Planned Parenthood’s Medicaid funding. At that time, three conservative justices – Clarence Thomas, Samuel Alito and Neil Gorsuch – said the court should have heard the states’ appeals.

President Donald Trump has asked the Senate to confirm his Supreme Court nominee Amy Coney Barrett, a favorite among religious conservatives, before the Nov. 3 election. Barrett was picked to replace liberal Justice Ruth Bader Ginsburg, a supporter of abortion rights who died on Sept. 18.

(Reporting by Andrew Chung and Jan Wolfe; editing by Will Dunham and Grant McCool)

U.S. court rules Arkansas can block Planned Parenthood funding

U.S. court rules Arkansas can block Planned Parenthood funding

By Nate Raymond

(Reuters) – A U.S. appeals court on Wednesday reversed a ruling that prevented Arkansas from cutting off Medicaid funding to Planned Parenthood following the release of controversial videos secretly recorded by an anti-abortion group.

The 8th U.S. Circuit Court of Appeals in St. Louis reversed a ruling forbidding Arkansas from carrying through with Republican Governor Asa Hutchinson’s directive to suspend Medicaid reimbursements to a Planned Parenthood affiliate.

U.S. District Judge Kristine Baker in Little Rock had ruled in favor of three women who claimed Arkansas violated their rights under the federal Medicaid law to choose any qualified provider offering services they were seeking.

But by a 2-1 vote, a 8th Circuit said the provision of the Medicaid law the women relied on does not unambiguously create a federal right for individual patients that they could enforce in court.

U.S. Circuit Judge Steven Colloton wrote that the lack of such a right does not mean state officials have unlimited authority to terminate Medicaid providers.

“We conclude only that Congress did not unambiguously confer the particular right asserted by the patients in this case,” he wrote.

U.S. Circuit Judge Michael Melloy dissented, saying four other appeals courts have reached the opposite conclusion and found a private right of enforcement existed.

Raegan McDonald-Mosley, chief medical officer of Planned Parenthood Federation of America, in a statement said the fight “is not over.”

“We will do everything in our power to protect our patients’ access to birth control cancer screenings, and other lifesaving care,” McDonald-Mosley said.

Arkansas cut off funds for Planned Parenthood after the anti-abortion activist group Center for Medical Progress released videos in 2015 it claimed showed the group’s officials negotiating the sale of fetal body parts for profit.

Planned Parenthood has denied the allegation and says 13 states that investigated those claims have cleared it of wrongdoing.

Hutchinson, who was among Republican governors nationally who targeted the organization following those videos, welcomed Wednesday’s ruling.

“This is a substantial legal victory for the right of the state to determine whether Medicaid providers are acting in accordance with best practices and affirms the prerogative of the state to make reasoned judgments on the Medicaid program,” he said in a statement.

Planned Parenthood does not perform surgical abortions in Arkansas, which forbids public funding of abortions except in cases of rape or incest. But it provides other gynecological services as well as birth control and breast examinations.

(Reporting by Nate Raymond in Boston; Editing by David Gregorio)

Hearings to Defund Planned Parenthood Begin

The first hearing in Congress about the defunding of Planned Parenthood took place Wednesday.

The hearing was titled “Examining the Horrific Abortion Practices at the Nation’s Largest Abortion Provider” by the House Judiciary Committee.  More hearings are expected through the fall spurred by the undercover videos that show Planned Parenthood selling baby body parts.

The chairman of the committee, Rep. Bob Goodlatte of Virginia, opened the session with a call for a ban on all abortions after five months to “help ensure that the body parts of late-aborted babies cannot be sold because late-term abortions would be generally prohibited.”

Republicans on the panel cited the multiple videos released by the Center for Medical Progress showing the behind the scenes actions of Planned Parenthood when it came to abortions.  The videos appear to show Planned Parenthood engaging in illegal activities.

“Planned Parenthood and its executives must answer for the alleged atrocities brought to light in the videos by the Center for Medical Progress,” Constitution and Civil Justice Subcommittee Chairman Trent Franks of Arizona said.

Planned Parenthood reps claimed they have done nothing wrong.

“While all of these congressional investigations are based on false claims and videos that have been completely discredited, we continue to be fully transparent and cooperate with all of the committees,” said spokesman Eric Ferrero.