Law Stopping Taxpayer Funds for Planned Parenthood Upheld | American Center for Law and Justice
  Search  |  Login  |  Register

ACLJ Profile Completion

Verified

Victory Against Planned Parenthood

By CeCe Heil1351283591000

The United States Court of Appeals for the Fifth Circuit has denied Planned Parenthood’s request for a rehearing en banc, thereby upholding the court’s ruling that Texas has the right not to subsidize the life-ending work of abortion-providing organizations such as Planned Parenthood.

This decision comes on the heels of the Seventh Circuit’s ruling striking down an Indiana provision denying funds to abortion providers under the federal Medicaid Act. The Seventh Circuit concluded that the Indiana law, which makes abortion providers ineligible to receive various forms of state funding, conflicts with the federal Medicaid Act’s “free choice of provider” provision (42 U.S.C. § 1396a(a)(23)), which requires states to allow patients to choose their own medical provider in their Medicaid plans. Although we don’t agree with the court’s ruling, the good news is that the court reiterated that the government is not constitutionally required to pay for abortion services.

The Texas provision prohibits entities that provide or promote elective abortions, or that are affiliates of entities that do so, from participating in a Texas Women’s Health program, which expands access to various services for uninsured women who are not currently covered by Medicaid. Since the program was originally jointly funded by Texas and the federal government under a waiver issued by the U.S. Department of Health and Human Services, the federal government refused to renew the waiver, claiming that the regulations violate the Medicaid Act’s freedom of choice provision, as in the Indiana case above. In response, Texas decided to continue the program as a fully state-funded program after the current plan expires, thus taking them out of the purview of the Medicaid provision. By denying Planned Parenthood’s request for a rehearing, the Fifth Circuit has correctly ruled that Texas has every right to stop indirectly funding abortion services just as it may decline to do so directly.

We are thrilled with the Fifth Circuit’s decision to deny Planned Parenthood a rehearing and are committed to continue fighting for the rights of unborn children and to end government subsidizing of abortion-providing organizations such as Planned Parenthood.

Latest in
Pro Life

Pro-Life Victory on Funding Foreign Abortions

By Jay Sekulow1485207023216

Hours ago, President Donald Trump fulfilled his first promise to the pro-life community by signing an Executive order reinstating Ronald Reagan’s Mexico City Policy, which prohibits the use of U.S. taxpayer money in foreign aid to fund or promote abortions outside of the United States. This is a...

read more

Time to Defund Planned Parenthood

By Jay Sekulow1485185773054

No American should be forced to fund the abortion industry. Yet, that’s exactly what’s happening and it must end. It’s time for Congress to defund Planned Parenthood. First, let’s dispense with the absurd notion that Planned Parenthood is somehow not in the abortion business. Fact checkers have...

read more

Pro-Woman and Pro-Life is a False Dichotomy

By Olivia Summers1484860575442

On January 22, 1973, the Supreme Court’s decision in Roe v. Wade legalized abortion in the United States. Next week, the 44th March for Life is taking place in Washington, D.C.The March for Life occurs annually around the anniversary of Roe v. Wade , and is a means of ensuring that the truth about...

read more

The Normalization of Abortion in America

By Nicole Smith1484769812366

There’s one great advantage to working closely with social media as the ACLJ’s Director of Social Media Advocacy: access to a large number of ideas and worldviews. Every day I sift through thousands of comments and as I read it doesn’t take long for a trend of ideas to emerge. As these trends start...

read more