The state is once again barred from dropping Planned Parenthood from a key women’s health program under a Friday appellate ruling.
It’s the latest turn in a lawsuit filed by the organization after Texas barred clinics from taking part in the Medicaid Women’s Health Program if they are affiliated with abortion providers — even though the clinics themselves don’t perform abortions.
Planned Parenthood said the ban violated its constitutional rights.
U.S. District Judge Lee Yeakel on Monday granted a preliminary injunction sought by Planned Parenthood in the case, saying the state couldn’t bar the group until the lawsuit is decided.
Texas Attorney General Greg Abbott quickly sought a stay at the 5th U.S. Circuit Court of Appeals. The stay was granted by Judge Jerry E. Smith on an emergency basis. Smith also asked Planned Parenthood to respond.
On Friday, a three-judge panel including Smith vacated the stay. meaning Yeakel’s injunction remains in force.
Among other points, the court’s Friday order said a filing by Planned Parenthood called into question the state’s declaration of an emergency need for a stay.
State officials have said they’d have to shut down the program if forced to include Planned Parenthood. But the appellate judges said Planned Parenthood cited an affidavit saying operations would cease when federal funding ran out, and there are indications such funding will continue until November.
Federal funding is being phased out because federal officials say the Planned Parenthood ban violates U.S. requirements. Gov. Rick Perry has instructed Texas officials to find state money to continue the program. But officials say they can’t continue the program with Planned Parenthood.
Order reversing stay of injunction in Texas Planned Parenthood ban
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