Supreme Court rejects Kansas appeal over Planned Parenthood funding

Kenny Tucker
December 13, 2018

Lower federal courts agreed, and the bans in both states against Planned Parenthood, and funding for health services, were lifted. "Some tenuous connection to a politically fraught issue does not justify abdicating our judicial duty". If anything, neutrally applying the law is all the more important when political issues are in the background.

Supreme Court Justice Brett Kavanaugh surprised legal observers by siding with the court's liberal wing on two cases involving Planned Parenthood. Planned Parenthood of Kansas and Mid-Missouri.

Thomas wrote an impassioned dissent from the denial of cert because this is a risky trend we are seeing from his colleagues.

Roberts and Kavanaugh "likely have serious objections", said Steve Vladeck, CNN Supreme Court analyst and professor at the University of Texas School of Law. "I suspect it has something to do with the fact that some respondents in these cases are named 'Planned Parenthood, '" Thomas wrote in his statement.

"T$3 his 3 percent statistic has many critics, who point out, for example, that it doesn't explain how much of Planned Parenthood's revenue comes from abortion". Kavanaugh's decision not to join the three justices was his first discernible vote on the court.

The fight about Medicaid funding stems from an anti-abortion group's 2015 release of heavily edited videos that claimed to show Planned Parenthood profiting from sales of fetal tissue for medical research, the AP reported.

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"It is true that these particular cases arose after several States alleged that Planned Parenthood affiliates had, among other things, engaged in "the illegal sale of fetal organs" and 'fraudulent billing practices, '" he wrote.

The only payments it received were for legally permitted reimbursement of costs, Planned Parenthood says.

Louisiana and Kansas appealed to the Supreme Court. Rather, it involves an effort by two states to block Medicaid funding for some abortion providers that, like Planned Parenthood, get Medicaid funding for providing other services to low-income women, services like cancer screenings, prenatal services, birth control and ultrasounds.

Only formalities stand in the way of the Supreme Court, as now constituted, slashing abortion rights as we know them, which is why the court's punting on two choice-related cases came as something of a relief for progressives on Monday morning. That's how we ended up with the ruling on ObamaCare, and it seems as though Roberts has a convert in the newest member of the court as well.

Thus, anything conservatives ever want to accomplish, even if they win elections, is essentially dead on arrival because of lower court judges allowed to reign supreme. We're thankful that people in Louisiana and Kansas will be able to access the care they need. "We won't stop fighting for every patient who relies on Planned Parenthood for life-saving, life-changing care", Wen said. Defunding Planned Parenthood still remains a top priority, according to Kristan Hawkins, president of Students for Life of America, who attended the meeting.

In an unusually aggressive strategy, Solicitor General Noel Francisco, a conservative lawyer who is Trump's top Supreme Court advocate, sought to bypass lower appeals courts by asking the justices to take up both cases early in the appellate process.

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