Federal Appeals Court Says Planned Parenthood Stays Funded While Suit Proceeds

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

A three-judge panel of the Fifth Circuit Court of Appeals issued a per curiam opinion that agreed with a lower court’s holding there was sufficient evidence that the state’s law banning Planned Parenthood from participating the the Women’s Health Program is unconstitutional.

Appellate Judge Jerry Smith had issued an emergency stay of the injunction which allowed the law to move forward.

But on Friday he said that Texas Attorney General Greg Abbott had not demonstrated that Texas would be irreparably harmed by holding off on enforcing the new law until a trial later this summer. “We cannot conclude, on the present state of the record, that the State has shown a great likelihood, approaching a near certainty, that the district court abused its discretion in entering the injunction,” the court order said.

In response, Cecile Richards, president of the Planned Parenthood Action Fund issued the following statement:

“This case isn’t about Planned Parenthood — it’s about the women who rely on Planned Parenthood for cancer screenings, birth control, and well-woman exams.

“Governor Perry has already thrown 160,000 women off of health care for partisan political reasons — now there will be more to come. Mitt Romney would supersize what’s happening in Texas and try to block women’s access to lifesaving health care nationwide.

“Planned Parenthood’s doors are open today and they’ll be open tomorrow. We won’t let politics interfere with the health care that nearly three million people a year rely on Planned Parenthood for in Texas and around the country.”

This is excellent news for women in Texas and a hopeful sign that justice in the state of Texas is not dead yet.

Related Stories:

Texas AG Makes Reckless Comparison Between Planned Parenthood, Terrorists

Developing: 5th Circuit Stays Order Reinstating Planned Parenthood Funds

Texas Can’t Strip Planned Parenthood Of Funding, Judge Rules

Photo from badlyricpolice via flickr.


LMj Sunshine

Thank you for info.

LMj Sunshine

Thank you for info.

Robert K.
Robert K5 years ago

Sarah H, you're apparently no student of....anything. Planned Parenthood is a non-profit. Your President Bush leaguer deep sixed the Clinton surplus that was paying off the deficit, your Rethuglican party wants to keep giving billions of dollars to the Oil companies that are making record profits and Reagan tripled the deficit and Bush doubled it as Cheney was saying deficits don't matter.

Everything Republican is not just wrong, it's stupidly wrong and there is no excuse for the party to exist in a rational world. Thankfully for them, their voters are as deluded as you.

A Republican who understands what is actually happening is fated to become a Democrat. The others will keep voting to destroy America and make it an Oligarchy.

Carole L.
Carole L5 years ago

Okay, ladies and gents, all together now;
Come November, women will remember
Come November, women will remember
Come November, women will remember

Mari Garcia
Mari Garcia5 years ago

leave planned parenthood alone!!

Monica D.
Monica D5 years ago

I stand with Planned Parenthood!

Angela N.
Angela N5 years ago

thanks :)

Jane H.
Jane H5 years ago

To Sarah H. your tax dollars are not going to a for- profit group. Ordinary, everyday people like me donate money to Planned Parenthood. It is a non-profit organization! If your tax dollars do go Planned Parenthood, it is because the local or state or federal government believes it helps the whole and does not duplicate services.

Luvenia V.
Luvenia V5 years ago

Sarah H., I am going to ask YOU because NO one else has answered. Tell us what you would like to see your taxes spent on and where you THINK they are going now. We have roads, bridges, dams and seaports falling apart, in fact you cross a bridge at your own risk today. NO to mention the water and gas pipes bursting or exploding killing people.

Our public transportation is a century or so behind EVERY other industrialized country and our health care system sucks BUT you don't want YOUR money going to help poor women to get a minimum of health care. You are a good hearted person, NOT!!!!

John B.
John B5 years ago

Good news for now and I hope the law will be overturned. Thanks for the article Jessica.