Court of Appeals Declares Ohio Could Suspend Planned Parenthood Funding

(Reuters) – A divided federal appeals court on Tuesday rejected Planned Parenthood's constitutional appeal against an Ohio law barring the organization from state subsidies for its abortions, leaving a win. to advocates of abortion.

In a vote by 11 votes to 6, the 6th Circuit Court of Appeals in Cincinnati overturned a decision last year by a panel of three judges that the funding ban violated the rights of Planned Parenthood Affiliate Procedure.

"The affiliates are right in saying that Ohio's law imposes a condition for the continued payment of public funds," Circuit Judge Jeffrey Sutton wrote for the majority. "But this condition does not violate the Constitution because affiliates do not have the right to due process for performing abortions."

Sutton also found no evidence that the prohibition improperly affects women's right to abortion, a right that he says belongs to women and not to the family planning group.

Tuesday's decision overturned an injunction issued by a lower court against the application of the 2016 law, which had been signed by Republican Governor John Kasich. The court of appeal upheld the injunction on April 18 last.

RESTRICTION OF SERVICES

Planned Parenthood said the law removed funding to screen for HIV and other sexually transmitted diseases, conduct cancer screenings and offer programs to reduce child mortality and fight domestic violence .

"It is unacceptable that politicians continue to prevent people from accessing essential health care – which is a human right," said Executive Director Leana Wen in a statement.

Planned Parenthood did not say it could appeal to the US Supreme Court.

Ohio's defense of the law has long been ruled by then-Republican Attorney General Mike DeWine, who is currently governor.

"Governor DeWine is pleased with today's decision because he has long believed that the people of Ohio, through his legislature, had the right to decide what he is funding and what he does not finance, "said spokesman Dan Tierney.

The Ohio law is one of many laws passed in recent years by Republican states to restrict abortion services, with President Donald Trump appointing more Conservatives to the federal judiciary.

The 11-seat majority of Tuesday is appointed by Republicans, including four appointed by Trump, while five of the six dissident judges have been appointed by Democratic presidents.

Eric Murphy, who had pleaded for Ohio's initial call to end funding, got this month approval from the US Senate to join the Court of Appeal after being appointed by Trump.

UNCLE OF CRYING

Ohio's law targeted nearly $ 1.5 million in annual funding from the Planned Parenthood of the state's Department of Health.

The ministry was to ensure that funds received through six non-abortion federal programs were not used to fund non-therapeutic abortion providers.

Planned Parenthood of Greater Ohio reported managing 19 centers, most of which do not practice abortions.

Constituency Judge Helene White, who drafted the decision of April 2018, was dissenting, accusing the majority of attempting to force Planned Parenthood to "cry" and lose funding, prerequisite for abortion.

"The Constitution prohibits unduly harming a woman's right to an abortion, even in the form of laws that directly target only the guardian of the right to abortion for women – the claimant," White wrote.

The case concerns family planning in Greater Ohio et al. Hodges, Court of Appeal of the 6th American Circuit, No. 16-4027.