Skip to comments.Appeals Court Rules That Ohio's Law Defunding Planned Parenthood Is Constitutional
Posted on 03/12/2019 11:23:53 AM PDT by jazusamo
A federal appeals court upheld the constitutionality of Ohios decision to defund Planned Parenthood Tuesday. The 2016 law bars state funding to any healthcare organization that performs or promotes abortions. Planned Parenthood, the nation's largest abortion provider, had sued over the law claiming that it violated their First and Fourteenth Amendment rights.
The 6th U.S. Circuit Court of Appeals ruled 11-6 Tuesday to overturn a previous decision by a three-judge panel in the same appeals court that said the law was unconstitutional. During his time as the states attorney general last year, now-Gov. Mike DeWine (R) requested that the case be heard by the full court of appeals.
Circuit Judge Jeffrey Sutton wrote for the majority that while the law does place a condition on government funding, that condition is not unconstitutional.
Private organizations do not have a constitutional right to obtain governmental funding to support their activities, he argued. The state also may choose not to subsidize constitutionally protected activities. Just as it has no obligation to provide a platform for an individuals free speech, say a Speakers Corner in downtown Columbus, it has no obligation to pay for a womans abortion. Case after case establishes that a government may refuse to subsidize abortion services.
The affiliates are correct that the Ohio law imposes a condition on the continued receipt of state funds, he added. But that condition does not violate the Constitution because the affiliates do not have a due process right to perform abortions.
Sutton also pointed out that Planned Parenthood has not demonstrated that the law would have an impact on a womans accessibility to public health programs and on the states abortion clinics.
It makes these programs available to every woman, whether she seeks an abortion or not, he wrote. Nor, on this record, has there been any showing that the Ohio law will limit the number of clinics that offer abortions in the state.
He added that Planned Parenthood had yet to demonstrate that the law would place an undue burden on abortion access.
Its vow to keep performing abortions sinks any pre-enforcement action, and any speculation about what would happen if it changed its mind is just that, he wrote.
Judge Helene White wrote in her dissent that the law would result in an undue burden on a womans right to obtain non-therapeutic abortions if imposed directly.
She also argued that the majority creates a loophole that enables states to circumvent the unconstitutional-conditions doctrine: the government cannot leverage its funding to carve away at constitutional rights by passing laws that target the individual who holds the right, but it can leverage funding to achieve that same result so long as it manages to find a proxy target instead.
Pro-life advocates welcomed the decision, including Catherine Glenn Foster, president of Americans United for Life.
As the full Sixth Circuit Court of Appeals has made clear today, Planned Parenthood, Americas biggest abortionist, has no constitutional right to offer women abortions, nor to receive public taxpayers dollars for doing so, Glenn Foster said. AUL applauds the courts strong denunciation of Planned Parenthoods Big Lie that it represents the best interests of women when it advocates for the kind of unlimited abortion on demand that New York recently adopted, and we look forward to a similar conclusion by the federal courts affirming this Administrations decision to keep Title X funds out of the hands of abortionists like Planned Parenthood.
Chief “Justice” Roberts will be receiving some phone calls.
Next stop, Kentucky.
Amazing testimony here: https://www.youtube.com/watch?v=zj7S75Dp3GQ
What would be an undue burden on a womans right to obtain non-therapeutic abortions?
Women that want face lifts or nose jobs must pay for these procedures themselves because they are non-therapeutic. These procedures are not necessary to sustain life or health.
Almost all abortions are non-therapeutic. The neither mothers life nor health are threatened by the pregnancy coming to term.
Almost all abortions are simply because the mother does not want the child. A matter that can be resolved by giving the child up for adoption.
The state has no vital interest in promoting or subsidizing abortion.
I guess she wrote the dissent, sounds like typical lib gobbledygook.
Court also ruled that water is wet.
Yep...Saw an article the other day that some top doctors agreed there’s virtually no condition that threatens the mothers life that justifies abortion because of C-sections.
Sounded reasonable to me.
What? They didn’t venue this case on the Left Coast? Just because it’s a dispute with Ohio?
Lets wrap this baby up today, Folks!
So will Planned Parenthood appeal this decision to the Supreme Court?
Will other states also enact anti-Planned-Parenthood laws now that Ohio has set a successful precedent?
Rare circumstance to say the least.
Couldn’t agree more, that would certainly justify it.
The abortion issue is highly fluid from state to state. Sort of like slavery in the 1850’ s.
Sponsoring FReepers are contributing
$10 Each time a New Monthly Donor signs up!
Get more bang for your FR buck!
Click Here To Sign Up Now!
Let’s git ‘er done today!
“Appeals Court Rules That Ohio’s Law Defunding Planned Parenthood Is Constitutional”
Please let me know if you want on or off the Ohio Ping list.
So if you were the little child in that woman’s womb would you wish that you were dead rather than given life?
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.