Appeals Court Says Planned Parenthood Can Be Banned From the Women's Health Program, Rick Perry Rejoices

Categories: Politics

2nd amendment rights protest sign.jpg
An April rally for women's healthcare at the state capitol building

Texas' game of women's health pingpong continues. A panel of judges from the 5th U.S. Circuit Court of Appeals overturned a preliminary injunction yesterday that had allowed Planned Parenthood to remain in the Medicaid Women's Health Program. In other words, PP is out. Again. The nonprofit was booted from the WHP back in early May and then allowed back in by 5th Circuit judges, all in the space of one week.

Yesterday's decision, written by Circuit Judge E. Grady Jolly, ruled that Texas can bar entities that "promote abortion" from receiving WHP funds under the logic that Texas can "subsidize speech of its choosing" within its programs, even though the current WHP is paid for with mostly federal money. Planned Parenthood's health clinics taking part in the current lawsuit, the judge wrote, "engage in abortion advocacy and ha[ve] some legal relationship with Planned Parenthood Federation of America." The health clinics, which don't provide abortions, were receiving the funds, while PP's surgical centers, which do provide abortions, have never received WHP money.

Planned Parenthood is suing Texas to remain permanently in the Women's Health Program. Texas, meanwhile, is pledging to create an entirely state-funded program, one that explicitly bars Planned Parenthood in its entirety as an "abortion affiliate." PP's ultimate fate won't be decided until October or so, when the case is ruled on in district court. But for now, low-income women who use Planned Parenthood (some 40 percent of all women in the Women's Health Program) will have to find other healthcare providers.

Governor Rick Perry responded quickly. His office issued a statement, which reads, in full:

"Today's ruling affirms that Texas' Women's Health Program has no obligation to fund organizations that promote abortion -- including Planned Parenthood. The 5th Circuit's decision is a win for Texas women, our rule of law and our state's priority to protect life. We will continue to work with Attorney General Abbott in the fight to defend our state laws.

"Texas will continue providing important health services for women through this program in spite of the Obama Administration's disregard for our state law and unilateral decision to defund this program."

Planned Parenthood Federation of America president Cecile Richards put out her own statement, which said that PPFA is "evaluating every possible option to protect women's health in Texas. This case has never been about Planned Parenthood -- it's about the women who rely on Planned Parenthood for cancer screenings, birth control, and well-woman exams."

Richards called it "shocking that politics would get in the way of women receiving access to basic health care."

"Planned Parenthood health center doors are open today," she added. "And they'll be open tomorrow."



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60 comments
Myrna.Minkoff-Katz
Myrna.Minkoff-Katz topcommenter

War-loving republicans will not win their war on women, nor their war on Seniors, voting rights, education, or healthcare.

Elizabeth Dana
Elizabeth Dana

They slaughter horses and shoot burros. Why would women get treated any better. God help them if their female family memebers ever get raped..wait you can't get pregnant according to that idiot in Minnesota. The rapists in jail will like that argument. No foul, no harm done?

Pascual_Gorostieta
Pascual_Gorostieta

The fact is that when you get down to it the Right has waged a low-intensity war against reproductive rights: Fourth generation warfare includes the following:

Goals are complex and long term

Terrorism (tactic)

A direct attack on the enemy's culture

Highly sophisticated psychological warfare, especially through media manipulation and lawfare

All available pressures are used - political, economic and social

 

Look familiar to any of you guys and gals.?

 

Mary Dichard
Mary Dichard

Seriously, I was without insurance for 7 years and went to PP for all of my well-woman check-ups. This crusade against them is ridiculous!! Women's health and lives are at stake! People should not be punished for being poor and uninsured just because others are zealots!

Mary Dichard
Mary Dichard

Seriously, I was without insurance for 7 years and went to PP for all of my well-woman check-ups. This crusade against them is ridiculous!! Women's health and lives are at stake! People should not be punished for being poor and uninsured just because others are zealots!

mavdog
mavdog topcommenter

Please Rick Perry, explain to us how "The 5th Circuit's decision is a win for Texas women"?

 

It isn't, as many Texas women will have more difficulty in accessing health care services by the cut off of funds to the PP run clinics.

 

The truth, which Rick Perry doesn't really care about, is many Texas women will be harmed by the decision.

 

 

Myrna.Minkoff-Katz
Myrna.Minkoff-Katz topcommenter

Texas will happily jump into the muck known as Tea Party extremism... happily, I say.

Ryan Odell
Ryan Odell

Fucking Republicans!! What crazy ass-backwards world do they think they're living in.

Kayla Bass
Kayla Bass

justin obviously doesnt understand whp. it is for low income women to receive basic womens health services, not abortions. and unnfortunately there are very few providers out there who accept whp patients, which is why pp saw over half of the women enrolled in that program. for every $1 spent on family planning, the state of tx saves $4 in medicaid expenses. think about it.

Kayla Bass
Kayla Bass

justin obviously doesnt understand whp. it is for low income women to receive basic womens health services, not abortions. and unnfortunately there are very few providers out there who accept whp patients, which is why pp saw over half of the women enrolled in that program. for every $1 spent on family planning, the state of tx saves $4 in medicaid expenses. think about it.

Melissa Love-Tristan
Melissa Love-Tristan

@ Justin Glasgow it is not about abortions. You are a silly person. There are tons of services that Planned Parenthood offers. Have you ever been inside of a PP? Did you know that MOST PP do not provide the service that you posted about?

Steve Nabors
Steve Nabors

Hopefully someday we will quit voting for people that let their religious beliefs (and this is all it really is) get in the way of our constitutional rights. Think about stuff like this when you decide to vote for someone with "good christian values." Good christian values means less constitutional rights for you in almost every situation. Abortion, stem cell research, war on drugs, etc.

William S. Whittington
William S. Whittington

Rick Perry needs to make up his mind. First, he forces health care on under aged girls (the HPV vaccine). Then he does an about face, and takes all state funding away from Planned Parenthood denying health care to the poor. I feel the solution is simple. Hold this prick Perry financially responsible for every unwanted pregnancy in Texas and you would see a well funded PP on every street corner like McDonalds.

Lisa Blount
Lisa Blount

Punishing people for not being able to afford healthcare. Nice.

Lisa Blount
Lisa Blount

Punishing people for not being able to afford healthcare. Nice.

Justin Glasgow
Justin Glasgow

And Justin Glasgow and thousands of other people rejoice as well... Last time I checked, hospitals still treat women, so don't worry ladies... you're not out of luck. Unless you're just referring to the abortion part of "womens' health", which seems pretty ironic if you're happen to be pregnant with a female child.

Justin Glasgow
Justin Glasgow

And Justin Glasgow and thousands of other people rejoice as well... Last time I checked, hospitals still treat women, so don't worry ladies... you're not out of luck. Unless you're just referring to the abortion part of "womens' health", which seems pretty ironic if you're happen to be pregnant with a female child.

Jaime R. Carrero
Jaime R. Carrero

Tx STATE government embraces ignorance and stupidity openly. Congratulations.

Tim Smathers
Tim Smathers

The republican war on women continues fool speed ahead.

Tim Smathers
Tim Smathers

The republican war on women continues fool speed ahead.

CandyCane
CandyCane

It's actually over 50 percent of women in WHP go to PP for services.

morrainepeak
morrainepeak

 @Myrna.Minkoff-Katz You are a hate monger and a serial stalker. As such you are violating the utilization terms of this site. (  Incidentally  No one is  "taking" leftist women's reproductive rights--but it would be better for all concerned if you didn't utilize them)

PlanoDave
PlanoDave

 @Pascual_Gorostieta Looks very familiar.  It seems to be the approach that the Progressives and the PC culture have been using against the Family for the past 30-40 years.

 

Their theory is that as long as the Family is the basic unit of support in our culture, people will turn to the Family, rather than the Government, in the time of need.  A Progressive goal is to minimize the Family as a support structure in order to increase the role of Government in daily life and support.

PhilHartman
PhilHartman

 @mavdog

 Maybe so, but thousands of little Texans will be born and live long, productive lives, instead of being ripped to pieces in the womb by "Planned Parenthood"' butchers.

PlanoDave
PlanoDave

 @CandyCane Where is the statistic that shows the number of women who have PP as their ONLY choice for services, please?

MisterMean
MisterMean

 @PlanoDave 

I am so tired of this right wing religious crap from mental midgets like Plano Dove.    You are a poster child for the ilk of Todd Akins and others.   I am tired of listening to religious rhetoric from members of religious institutions who’s male members are pedophiles.    Time and time again I see these cretins spouse their views (as theirs are the only one that counts) and expect others to tow their line of ideology an ideology that also is against ANY FORM OF CONTRECEPTIVES.   I personally know several of these nut cases and they have told me “do not try to present any facts to me that challenges my views that will force me to pull my head out from the sand (or other places where the sun never shines).   I just have to stick my un-invited nose into others personal business”.

 

They are normally white middle aged males who have failed marriages, behind on their child support (like MI congressman Joe Walsh) and are more pro birth than pro life. 

mavdog
mavdog topcommenter

no, that is completely wrong. patently incorrect.

 

the cut off of funds to WHP services is in absolutely no way reducing the number of abortions in Texas. In fact, due to the limited availability of family planning services and contraception the cutoff of $ to these PP clinics they provided, the number of abortions may increase due to more unplanned pregnancies. go figure...

 

you see, the public health clinics run by Planned Parenthood are a completely seperate organization than the clinics that provide abortions. that has been the case for a long time, a result of federal rules. it is mandated and audited by the feds.

 

so the only result of this boneheaded rule is that lower income texas women will have a very, very difficult time obtaining basic health care services, and the women who sought out abortions will still have access to those services as they are unaffected by this rule.

mavdog
mavdog topcommenter

Right here. The lower income women in Texas are hurt by the inane actions of our state's leadership. Of course, that's not too hard to predict, after all these are the same idiots who somehow have convinced themselves that by not providing family planning services and access to contraceptives (see the typical Planned Parenthood clinic) there will be fewer abortions.

 

"Planned Parenthood (PPFA) clinics are by far the dominant source of care under the WHP. In FY 2010, PPFA clinics accounted for approximately 49 percent of all WHP-financed care, furnishing services to 51,953 WHP clients out of 105,998 WHP clients served. Of the 1,469 providers that billed the WHP in FY 2010, 908 (62%) served 10 or fewer patients, while 368 (25%) served only one patient.

 

By contrast, in the same year the state’s community health centers served 10,130 WHP clients. Although health centers are the major source of care for the state’s poorest residents and provide family planning services to thousands of traditional Medicaid beneficiaries, they attract fewer numbers of Medicaid expansion beneficiaries served through the WHP, who tend to be somewhat less poor.

 

In order to offset the loss of PPFA clinics in WHP, health centers would have to expand their WHP capacity five-fold, from slightly more than 10,000 patients to over 62,000 patients. Such an expansion in a short time period is virtually impossible, particularly given the simultaneous and steep loss in family planning grant funding experienced by health centers along with other family planning programs throughout the state.

 

http://sphhs.gwu.edu/departments/healthpolicy/dhp_publications/pub_uploads/dhpPublication_0900DA16-5056-9D20-3DFD539FF662D155.pdf

MisterMean
MisterMean

monronspeak-

The Tal-i-ban-Repub-li-cans have overly stuffed the courts with right wing nut wackos.   Something to be proud of – Christian Sharia law indicative of a backward middle eastern country like Iran or Pakistan.

MisterMean
MisterMean

@PlanoDave

I have read your other comments (posts).   You have a history as I do.  It seems though that I have hit a nerve.  I am reminded of another conversation where someone objected to my observation that he was a republican.   He got all bent out of shape until someone else mentioned the fact that it was a logical conclusion to the views he expressed.  He perhaps thought that a Tea party member was something other than a right wing republican wacko.

 

As for your comments about fucking me-sounds like you should join the priesthood-you might fit right in!

 

Mister Mean

 

P. S.  I would suggest you look in the mirror at yourself when you make the comment that I am the problem (or people who share similar views).   

PlanoDave
PlanoDave

 @MisterMean (clears throat)  

 

Fuck you.

 

You don't know me or my background so all your assumptions are simply the figments of your weak, over- challenged mind.

 

There is nothing religious in my comments.  "The Family" is not religious.

 

Did I mention "Fuck you"?

 

YOU are what is wrong with our country.  Punch yourself in the face and please get a circumcision. 

mavdog
mavdog topcommenter

 @PlanoDave  

uh, no, there are violators of laws/regulations. you can read about them every day in the news.

 

are you so jaded and cynical to believe that every organization/group is violating the law/regulation that affects them?

PlanoDave
PlanoDave

 @mavdog  Are you really so obtuse to believe that every law/regulation is followed to the letter of the law/regulation and the intent of every law/regulation?

mavdog
mavdog topcommenter

No Hartman, YOU don't seem to understand how the structure of Planned Parenthood works. Actually it is clear you don't WANT to understand.

 

PP is divided into 2 seperate units, one that provides non-abortion services and one that provides access to abortion services. This is set out to comply with the restrictions placed on providors by the Hyde Amendment and other legislative mandates.

 

The government doesn't provide a "contribution", government provides compensation for services provided. The public monies directed to PP go towards the operation of clinics that provide specific health care services to the clients at those clinics. These services are documented in their delivery.

 

Your Wash Post link is a joke. They spent $275K on donations to polictical campaigns and you questioned "who funds tens of millions of dollars annually in political spending at PP?" First, as mentioned the public monies are for services provided, second there are tens of $Millions in private donations that PP can do whatever they wish with. What a ridiculous assertion on your part! incredible.

 

PP hires KPMG to do their books. If you want to claim that KPMG is corrupt, go for it. good luck with that...

 

You claimed "Similar arrangements are in place in multinational corporations in order to minimize tax liabilities", so clearly you falsely believe PP is a taxable entity.

 

PP has their financials audited by KPMG, and these statements are public. Are you seriously saying that your fellow anti-abortion zealots don't comb through these public disclosures to try and find violations? seriously? than what you are claiming says you and your fellow anti-abortion zealots are stupid.

 

Nice slam on " unionized employees of the federal government". oh, they may be union members? Well OF COURSE they are in on a conspiracy with PP to hide the violations of the rules! After all those unions are all out to promote more "chopping up babies" as you put it.

 

Really, just how does that tin foil hat feel on your head?

 

As for you attack on Margaret Sanger, you clearly have never read her writings. Sanger was an advocate of birth control, actually coining the term, as the woemn of that age were denied the right to control when they conceived, and the repeated pregnancies not only was injurous to their health they kept families mired in poverty. From "Women and the new race", 1920: ""while there are cases where even the law recognizes an abortion as justifiable if recommended by a physician, I assert that the hundreds of thousands of abortions performed in America each year are a disgrace to civilization."

http://pds.lib.harvard.edu/pds/view/2575249?&id=2575249&n=2&s=4&res=3

 

Sanger was not interested in a plan to "simply stop minorities from procreating", she was not a fan of Hitler, and Sanger was no more a racist than any other person of her time.

 

What is truly "ghoulish" is how a person believes they should be able to decide what another person does with their body, and believes that they are able to dictate what that individual can do with their reproductive organs.

 

You are guilty as charged.

 

PhilHartman
PhilHartman

 @mavdog

 Too funny.

 

1)  Hyde Amendment - you don't seem to understand how business works, whether for-profit or non-profit.  For example:  PP has a budget from contributions of $4M for all its services.  It allocates $2M for abortions, and $2M for contraception.  In comes Uncle Sam with a $2M contribution in tax dollars.  PP is now free to use its original $2M for contraception, while officially saying that this is the taxpayer contribution, while now spending $4M for abortions.  On paper it is all legal, yet in reality the incremental income (tax dollars) are now spent on abortion.  Hyde Amendment circumvented.

 

2) Quick search of the interweb yields http://www.washingtonpost.com/wp-srv/politics/campaign/2010/spending/Planned-Parenthood.html

 

From the Washington Post, hardly a bastion of right-wing extremism.  See paragraph 1 for and explanation of how the funds get redirected to political spending.

 

3) Really?  Can you prove this?  As a former internal and external auditor, with long experience in both for-profit and non-profit arenas, I would be willing to bet you a steak dinner on this.  I don't care to hunt down PP's CAFR right now, but should you care to it would surprise me if you did not find these.  They exist under nearly every large corporate umbrella, and PP is unlikely to be any different.

 

4)  I provided the example of multinational corporations and their tax strategies in order to provide context.  Never did I tie PP to this.  Sorry that you missed the nuance.

 

5)  PP is not audited by "anti-choice groups" or "anti-abortion zealots."  It is audited by unionized employees of the federal government. Futhermore I attempted to enlighten you as to how the shell game works....all transactions are legal and signed off on, by the auditors. 

 

Finally, before asserting that I know nothing about PP and its original mission, you might look up Margaret Sanger, the Hitleresque racist FOUNDER bent on eugenics.  Despite her original aim to simply stop minorities from procreating, she founded PP, which is now the largest abortionist institution in the world, and chopping up babies is their ghoulish business.  That anyone would advocate for them is truly frightening.

 

mavdog
mavdog topcommenter

 @PhilHartman

 what a wonderfully condescending post.

 

so you may perhaps understand, I'll explain in the most simple manner possible: The Hyde Amendment, which has been attached to every appropriation bill for over 36 years, is not vague. It states that no federal funds can go towards abortions.

 

Second, tax dollars are paid for services provided. Tax dollars are not redirected to "political spending".

 

Third, the PP clinics which provide pregnancy terminations are seperate clinics from those that are providing the WHP services. No commingled funds, no "intercompany management fees", no "intercompany loans and interest". zero.

 

Fourth, Planned Parenthood is a non-profit organization, they don't require "arrangements...in order to minimize tax liabilities". wow, did you really make that statement about "tax liabilities"?? too funny.

 

Last, if the anti-choice groups who send in their auditors don't find the books to be cooked, it seems damn certain the books are not cooked. I mean heck, if you can't trust an anti-abortion zealot to look at every nook and crany of the PP accounts, who could you trust?

 

Yes, Planned Parenthood IS in the business to "provide contraception", for that is the original mission of Planned Parenthood from the first day it has been in existence. The fact that you would assert that it isn't their "business" shows that you truly know very, very little about the organization.

 

 

PhilHartman
PhilHartman

 @mavdog

 OK, I'll try to break it down to a level where you might understand.  The government pays taxpayer money to the non-abortion PP wing.  Guess who funds tens of millions of dollars annually in political spending at PP?  Not the abortion wing, but the one that is funded by our tax dollars.  And so the ends of the abortion wing are furthered by the cash of the non-abortion wing.  Furthermore, intercompany management fees and overhead allocations are perfectly legal methods of transferring funds from the non-abortionist wing to the abortionist wing.  Likewise intercompany loans and the interest thereon.  Lawyers and accountants can always find a way - trust me, I know.  It's not that the auditors miss all of these transactions; rather they are all legal and proper.  Similar arrangements are in place in multinational corporations in order to minimize tax liabilities.

 

PP is the largest abortion provider in the world, and they kill millions of innocent babies every year.  If you are cool with this, then I cannot change your mind.  But please do not pretend that they are in business to provide contraception. 

MisterMean
MisterMean

 @PhilHartman I think that you are the gullible one.   There are none so blind than those who do not wish to see-esp. when thier eyes are closed, fingers in thier ears and heads up thier ***

mavdog
mavdog topcommenter

oh yeah, all those auditors who comb through the PP books every single year aren't smart enough or savvy enough to uncover "the shell game". with all the examinations of the PP acounts those monies just fly from one account to another with "ease"!!

 

wow, "gullible"? really? physican, heal thyself!

PhilHartman
PhilHartman

 @mavdog

 While the shell game is indeed tricky, try not to be so gullible.  Funds are transferred among the various entities with ease.

mavdog
mavdog topcommenter

if your "point" is that you can make an illgoical assertion, then yes, I proved your point. otherwise, no.

 

"be financially responsible"?? really? you think that the lowest income pop should just not get healthcare because they should be more "financially responsible"??

 

"handing things out to people"?? my gosh, we're talking about HEALTHCARE! and here I was believeing the concept of compassion for those less fortunate was shared.

 

clearly not. yikes, says a ton.

 

PlanoDave
PlanoDave

 @mavdog Thank you for making my point.  

 

Another choice is to be financially responsible for your own situation in life.  (that is the third person "your", I'm not referring to you in particular)

 

I'm not arguing that there is a negative effect.  Any time you stop handing things out to people, there is backlash.  This isn't the equivalent of denial of service, though.  I know it will continue to be presented that way, but that is a different issue.

mavdog
mavdog topcommenter

"the only choice"???

 

how can it ever be the "only choice"? there's almost always another "choice".

 

the patient amy have another providor but that providor is 30 miles away. so yes, there is another choice, but it isn't realistic.

 

the data I posted is clear, it is reliable, and it shows the negative affect of this idiotic decision on many. many people who need the access to healthcare.

PlanoDave
PlanoDave

 @mavdog No.  You talked around my question very eloquently, but you didn't answer the simple question.

 

It's likely a trick question, I recognize that.  I strongly doubt that the statistics are published anywhere which would show the number of women who use PP where PP is the ONLY choice.

 

My point is that absent the answer to that question, we really don't know the damage done by this decision.  If the effect of the decision is to reduce the number of choices, it is less detrimental than if the effect is to eliminate availability.

 

Most of the comments I have seen appear to be of the belief that the decision has eliminated the availability of the services.  Frankly, I think that belief is inaccurate.

mavdog
mavdog topcommenter

 @PlanoDave

 oh really? apparently your eyes are wide shut.

PlanoDave
PlanoDave

 @mavdog Nice post, but it doesn't answer my question.  Fail.

scottindallas
scottindallas topcommenter

 @mavdog They also forget that birth control requires more than going to the pharmacy. 

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