Court allows Ohio law blocking Planned Parenthood funding
Source: Reuters
Politics
March 12, 2019 / 11:30 AM / Updated 7 minutes ago
Jonathan Stempel
(Reuters) - A divided federal appeals court on Tuesday upheld the constitutionality of an Ohio law that blocks state funding for Planned Parenthood, reversing its own prior ruling and handing a victory to anti-abortion advocates.
In an 11-6 vote, the 6th U.S. Circuit Court of Appeals in Cincinnati rejected the argument by Planned Parenthood affiliates that the funding ban, which also covered non-abortion services, violated their due process rights.
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 womans right to abortion by making the procedure harder to obtain. He also said that the right belonged to women, not Planned Parenthood.
Read more: https://www.reuters.com/article/us-usa-abortion-ohio/court-allows-ohio-law-blocking-planned-parenthood-funding-idUSKBN1QT23V
-snip-
Circuit Judge Helene White, who wrote the April 2018 ruling, in a dissenting opinion accused the majority of trying to force Planned Parenthood to cry uncle and lose funding as a condition of performing abortions.
The Constitution prohibits unduly burdening a womans abortion right, even in the form of laws that directly target only the gatekeeper to a womans abortion right - the provider, White wrote.
Judge White you are right..........................
And has for Sutton..........................he is really a POS.......................... ..............just fuck the Constitution..............
First and foremost this is what fucking happens when you pack the courts with ideologues like these republicans, and 89 of them are now going to be added to the bench since Moscow Mitch is just jamming the Federalist Society bunch thru, the door .
November 3, 2020 cannot get here fast enough.........................
Ohiogal
(31,998 posts)Fast becoming the Alabama of the North ...
( and I apologize to the decent people who live in Alabama)
sinkingfeeling
(51,457 posts)irisblue
(32,974 posts)He is only 58,as of today.
He has a long history of being wrong, IMO on many decisions.
From his wiki page..."In November 2014, Sutton authored the 2-1 opinion ruling upholding same-sex marriage bans in Michigan, Kentucky, Ohio, and Tennessee in the Sixth Circuit reversing six previous federal district court rulings. The ruling was the second federal court ruling and the only Federal Court of Appeals ruling[8] to uphold same-sex marriage bans after the U.S. Supreme Court struck down a portion of the Defense of Marriage Act in United States v. Windsor in June 2013. This ran counter to rulings by the U.S. Courts of Appeals for the 4th, 7th, 9th and 10th circuits, which then led the U.S. Supreme Court to grant writ of certiorari to review same-sex marriage bans when it previously declined to do so.[9][10] In Obergefell v. Hodges the Supreme Court reversed the decision of the Sixth Circuit."
mr_lebowski
(33,643 posts)I have a strong feeling when we look back, this decision will be seen as essentially the death-knell for Planned Parenthood, and quite possibly abortion access (even if it remains technically 'legal') in this Country. At the very least, for everyone in a Red State.
PRAY that I'm wrong.
But this is BAD. Real bad.
toddwv
(2,830 posts)FBaggins
(26,737 posts)Not only that... but there are also as many Bush Jr picks on the court (5) as Clinton and Obama combined.
Of the 15 senior circuit judges on the court, 11 of them were Republican picks (and the two Carter picks are 83 and 97 years old)
riversedge
(70,216 posts)LogicFirst
(571 posts)Will the State document the increase in HIV infections?
DeminPennswoods
(15,286 posts)not the crazy xtian conservative he really is.
Boomerproud
(7,952 posts)He's just waiting for the "heartbeat" bill to be reintroduced to sign it.
niyad
(113,302 posts)Firestorm49
(4,035 posts)maxsolomon
(33,345 posts)The gave up waiting for Roe v Wade to be overturned, and instead are outlawing Abortion by regulation.
Soon we'll all be funding women's plane tickets and hotel bills for trips to Blue States for Abortion services. NY, MA, IL, MN, CA, OR, WA, CO, NM, NV. That'll be it.