THE LARGEST COLLECTION OF LEGAL JOBS ON EARTH
LawCrossing Legal Daily News Feature
Court Blocks Texas Law on Women’s Health – Abortion Debate Rages On On Monday, U.S. District Judge Lee Yeakel ruled that a Texas law banning Planned Parenthood from receiving funds from the state’s Women’s Health Program was unconstitutional. The state has appealed immediately.
The court accepted prima facie, the argument of Planned Parenthood that denial of state funds to the
The court imposed a temporary injunction subject to
affected clinics would leave women without access to
completion of arguments before the court. However, the
basic health services and check-ups.
Texas Attorney General Greg Abbott has appealed the decision to the 5th U.S. Circuit Court of Appeals. The
Judge Yeakel wrote in his decision, “The court is
future of the appeal against the temporary injunction
particularly influenced by the potential for immediate
is uncertain as the court is within full rights to pass
loss of access to necessary medical services by several
such an injunction pending decision, and it is difficult to
thousand Texas women … The record before the court
overturn such injunctions because they are ‘temporary’
at this juncture reflects uncertainty as to the continued
and based on prima facie evidence.
viability of the Texas Women’s Health Program.”
The law, passed last year by the Republican dominated
Upon the submission of the state that if Planned
Legislature prevents state agencies from funding
Parenthood is even considered for state funds, then
organizations affiliated with abortion providers.
the state would close down the program that serves
Even before the law was passed, the law in the state
basic health care and contraception to 130,000 women,
required that organizations that received government
the court observed that it was a risk. Judge Yeakel
funds have identities that were distinct and separate
wrote, “The court observes that if the federal funds are
from abortion providers.
phased out, Texas does not provide another source of funds, and the Women’s Health Program terminates,
The eight clinics of Planned Parenthood which sued
the controversy now before the court may be of no
against the law do not provide abortions. However,
the state holds that since in other clinics, Planned Parenthood does provide abortions, it disqualifies
Patricio Gonzales, CEO of Planned Parenthood
all clinics associated with Planned Parenthood from
Association of Hidalgo County told the media, “No
receiving state funds.
woman should ever have to fear of being cut off from her doctor’s care because of shortsighted political games.”
Published on Oct 4, 2012
Court grants temporary injunction to Planned Parenthood clinics banned from state funding programs in Texas.