Federal Judge blocks de-funding of Planned Parenthood by Texas

[Gothmog]

Here is some good news http://www.washingtonpost.com/national/health-science/federal-judge-stops-texas-from-banning-planned-parenthood-from-receiving-state-funds/2012/04/30/gIQAtmkyrT_story.html

A federal judge on Monday stopped Texas from preventing Planned Parenthood from getting state funds through the Women’s Health Program.

U.S. District Judge Lee Yeakel in Austin ruled there is sufficient evidence that a law banning Planned Parenthood from the program is unconstitutional. He imposed an injunction against enforcing it until he can hear full arguments.

[onestepforward]

1. Very welcome news!

I know this fight has a long way to go, but this is a good start

[sonias]

2. Judge grants Planned Parenthood injunction

I was just reading that on the Statesman site!

Postcards from the Lege blog AAS 4/30/12

Judge grants Planned Parenthood injunction


A federal judge in Austin ruled today that state officials cannot exclude Planned Parenthood from a health care and contraception program for low-income women.

The ruling by U.S. District Judge Lee Yeakel was a victory for Planned Parenthood that may prove short-lived. State officials have warned that they would have to cancel the Women’s Health Program if Planned Parenthood prevailed in its lawsuit.
Yeakel granted Planned Parenthood’s request for a preliminary injunction to allow it to continue serving women, and being reimbursed, under the program. Yeakel will have to hold a trial before the injunction could become permanent, and he set a May 18 scheduling conference to work out the details, including setting a trial date.

Under state rules adopted in February, Planned Parenthood health clinics would have been excluded from participating in the program beginning tomorrow because they are affiliated with an organization that provides abortions and advocates to keep the procedure legal — Planned Parenthood Federation of America.

The short-lived line in the story makes me nervous. But PP has to keep fighting!

[Vogon_Glory]

3. Welcome News BUT

Judge Yeakel's verdict is welcome news, but I hope to see the day where we can rely on the Texas Legislature to do the right thing instead of needing to seek redress with the courts--REAL SOON!

[sonias]

4. Appeals court stays Planned Parenthood ruling

AAS 5/1/12

Appeals court stays Planned Parenthood ruling

Late last night, a federal appeals court judge granted Texas an emergency stay halting Planned Parenthood’s participation in the Women’s Health Program.

Justice Jerry Smith of the 5th U.S. Circuit Court of Appeals granted the stay, lifting at least temporarily an injunction - issued yesterday by U.S. District Judge Lee Yeakel - that banned Texas from excluding Planned Parenthood from the program.

Planned Parenthood has until 5 p.m. today to respond, after which the appeals court will issue a final ruling on the stay.

According to the request for an emergency stay, filed last night by Attorney General Greg Abbott, “Texas — and the women of Texas who depend on the Women’s Health Program — will be irreparably harmed because state law prohibits Texas from continuing to operate the (program) if taxpayer money must be provided to entities that affiliate with abortion-promoting entities.”

“Consequently, the district court’s preliminary injunction effectively forces Texas to choose between contravening state law and shutting down the program,” Abbott told the appeals court.

The stay means Texas cannot reimburse Planned Parenthood for patients treated as part of the Women’s Health Program, which offers contraceptives, health screenings and other care to low-income women.

[onestepforward]

5. Response from Planned Parenthood:

http://blog.chron.com/texaspolitics/2012/05/texas-gets-stay-in-planned-parenthood-case/

-snip-

UPDATE: Here is a statement from Melaney A. Linton, president and chief executive officer of Planned Parenthood Gulf Coast :

“Planned Parenthood is very disappointed in the stay granted last night, but we will be responding today. We are optimistic that when the State’s motion for a stay is fully considered, the District Court’s order that Texas cannot prevent Planned Parenthood from providing cancer screenings, birth control, screenings for high blood pressure and diabetes, and STD testing as part of the Women’s Health Program will stand. When presented with both sides, the District Court agreed the rule was likely unconstitutional, and that implementation would cause a serious problem with health care access for Texas women.

“In a state that leads in the nation in the percentage of people who are uninsured, where one in four women has no insurance, Planned Parenthood works every day to keep women healthy. Today, we are as committed as ever to continuing to care for all women who rely on us.”

[Gothmog]

6. Judge Smith is the same judge who assigned AG Holder some homework

Judge Jerry Smith is the same idiot who assigned Attorney General Holder some homework on judicial review. This judge is an idiot.

[Gothmog]

7. Injunction is back in effect

A single judge on the Federal court of appeals is not suppose to stay an order of a lower court by himself except in special circumstances. This case did not appear to meet this criterion and it looked like this was a purely political decision by a crazy federal judge. It appears that I was right because a full panel of 5th Cir. judges reinstated the injunction http://www.huffingtonpost.com/huff-wires/20120504/us-texas-women-s-health/?utm_source=facebook&utm_medium=post&utm_content=announce&utm_campaign=ppactionfb

AUSTIN, Texas — A federal appeals court ruled Friday that Texas cannot ban Planned Parenthood from receiving state funds, at least until a lower court has a chance to hear formal arguments.

A three-judge panel of the Fifth Circuit Court of Appeals agreed Friday with a lower court that there's sufficient evidence the state's law preventing Planned Parenthood from participating in the Women's Health Program is unconstitutional. The program provides basic health care and contraception to 130,000 poor women.

District Court Judge Lee Yeakel had issued an injunction keeping Texas from enforcing the law on Tuesday, but Texas Attorney General Greg Abbott appealed to the Fifth Circuit in New Orleans.

On Friday, the court said Texas Attorney General Greg Abbott hadn't shown that Texas would be irreparably harmed by holding off on enforcing the new law until a trial can be held in Austin.

Judge Jerry Smith is a crazy person and I am glad that the injunction was reinstated.

[onestepforward]

8. Planned Parenthood case set for Oct. 19

http://blog.chron.com/texaspolitics/2012/05/planned-parenthood-case-set-for-oct-19/

A ruling affecting health care, including contraception, for some 130,000 low-income Texas women probably won’t come until late this year as Planned Parenthood and the state of Texas plan for mid-October oral arguments in their legal fight.

The state is appealing a preliminary injunction that U.S. District Judge Lee Yeakel granted six weeks ago preventing Texas from disqualifying Planned Parenthood from participating in the Women’s Health Program. State leaders oppose Planned Parenthood because some of its clinics provide abortion services.

Yeakel told both parties Friday the case could change depending on how the 5th U.S. Circuit Court of Appeals rules on the state’s effort to lift his injunction. The appeals court will hear oral arguments on June 7.

-snip-
Yeakel set Oct. 19 for oral arguments in the case. He said he would not likely issue a ruling before November. A Planned Parent official said Yeakel’s timeline essentially extends the program through October when federal funding stops.