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Wednesday, Mar 13 2019

Full Issue

Federal Appeals Court Backs Ohio Anti-Abortion Law That Defunds Planned Parenthood

An earlier U.S. district court ruling had agreed with Planned Parenthood that denying the organization funding if it continued to perform abortions violated its right to due process. In his opinion Tuesday, Judge Jeffrey Sutton rejected the contention that the Ohio law imposes an unconstitutional condition on public funding. In other news on abortions, House Democrats eye a bill that would repeal a ban on abortion coverage in programs like Medicaid.

A divided federal appeals court Tuesday upheld an Ohio anti-abortion law that blocks public money for Planned Parenthood. The full 6th U.S. Circuit Court of Appeals reversed a lower federal court ruling. The Ohio law targeted funding that Planned Parenthood receives through the state's health department. That money is mostly from the federal government and supports education and prevention programs. (3/12)

"The affiliates are correct that the Ohio law imposes a condition on the continued receipt of state funds," Circuit Judge Jeffrey Sutton wrote for the majority. "But that condition does not violate the Constitution because the affiliates do not have a due process right to perform abortions." Sutton also found no proof the ban posed an undue burden on a woman's right to abortion, a right he said belonged to women, not to Planned Parenthood. (3/12)

The case was one of several across the country addressing attempts to cut public dollars to Planned Parenthood and other providers who offer abortions in addition to a range of health care services. The 6th Circuit's ruling affects six state public health programs in Ohio, but doesn't touch Medicaid. The Supreme Court in December declined to review a case brought by other Republican-led states seeking to cut off Medicaid funding for Planned Parenthood and other reproductive health organizations that offer abortions. More than 20 states additionally have brought legal challenges over a Trump administration rule cutting tens of millions of dollars in Title X funding from Planned Parenthood and other abortion providers. (Ollstein, 3/12)

Planned Parenthood said the funding ban would have also covered programs for mothers鈥 and infants鈥 health, HIV counseling and testing and sex education. 鈥淭his is a devastating blow for people across Ohio. This law is an attack on health care access for the most at-risk communities in our state, including people of color, women, and the LGBTQ community," said Iris E. Harvey, president and CEO of Planned Parenthood of Greater Ohio. (Weixel, 3/12)

The decision is a blow to Planned Parenthood, which has 26 locations in Ohio. Locations in Bedford Heights, Columbus and Cincinnati provide abortions, while the others provide health services for men, women and children. The state is now free to enact the law. (Heisig, 3/12)

鈥淭oday鈥檚 ruling is a direct attack on health-care access for Ohio鈥檚 most at-risk communities,鈥 said Iris E. Harvey, president and chief executive officer of Planned Parenthood Advocates of Ohio. She said it was 鈥渟hameful that politicians鈥 like Gov. Mike DeWine and Kasich 鈥渋nsist on blocking people from accessing essential reproductive health care and education in our state.鈥 (Torry, 3/12)

Abortion rights leaders in Congress聽will ask House Speaker Nancy Pelosi (D-Calif.) to hold a vote聽on a bill that would allow聽abortion coverage to receive federal funding.聽The bill would repeal a long-standing ban on abortion coverage in federal health programs like Medicaid.聽 (Hellmann, 3/12)

This is part of the Morning Briefing, a summary of health policy coverage from major news organizations. Sign up for an email subscription.
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