Key Abortion Case: Texas case may determine if states can be forced to fund Planned Parenthood

Last week, Americans United for Life filed a "friend of the court" brief on behalf of a group of 77 Members of Congress in the en banc Fifth Circuit Court of Appeals, supporting Texas's decision to defund Planned Parenthood under its State Medicaid program.

The case, Planned Parenthood of Greater Texas v. Phillips, arose after Texas disqualified Planned Parenthood as a State Medicaid Provider when undercover videos revealed that Planned Parenthood was involved in illegal and unethical behavior concerning aborted fetal body parts.

Planned Parenthood and some of its patients sued in federal court challenging the disqualification. A three-judge Fifth Circuit panel held it was required to follow a prior Fifth Circuit case, Planned Parenthood of Gulf Coast v. Gee, that found — based on its interpretation of congressional intent — that individual Medicaid patients have a private right of action to challenge a State's disqualification determination of their preferred Medicaid provider in federal court.

The entire Fifth Circuit court decided on its own accord to rehear Phillips to reconsider Gee's holding. This opportunity comes after the U.S. Supreme Court — over a written dissent by Justice Clarence Thomas — declined the opportunity to review Gee in December 2018.

"Members that joined this brief have an interest in seeing courts restrained from speaking where Congress has not spoken," said AUL Litigation Counsel Rachel Morrison. "The decision below violates the constitutional authority of Congress to dictate the contours of the Medicaid Act, including the right of States to make Medicaid provider qualification decisions. Americans United for Life is proud to give Members a voice by explaining the congressional intent of the Medicaid Act in this important case."

AUL argued, on behalf of the Members, that implying a private right of action would greatly undermine the purpose of the Medicaid Act by hamstringing the flexibility of individual State Medicaid programs envisioned by the Medicaid Act and eliminating States' ability to determine the best way to allocate their limited public funds to those in need.

The Members' efforts were led by Senator Steve Daines of Montana in the U.S. Senate and Congressman Michael C. Burgess, M.D. of Texas in the U.S. House of Representatives. Senator Daines formed and leads the Senate Pro-Life Caucus. The Members' coalition comprises 12 Senators and 65 Representatives.

AUL filed a "friend of the court" brief on behalf of a group of 77 Members of Congress in the en banc Fifth Circuit
Court of Appeals, supporting Texas's decision to defund Planned Parenthood under its State Medicaid program.
The case, "P/Parenthood of Greater Texas v. Phillips" arose after Texas disqualified P/Parenthood as a State Medicaid Provider
when undercover videos revealed that P/Parenthood was involved in illegal and unethical behavior WRT aborted fetal body parts.

Roberto and William Isaias, who fled Ecuador to avoid 8-year prison sentences, were principals in California companies DaVinci Biosciences and DV Biologics trafficking in baby body parts .... the two career criminals were allowed to stay in the United States by Hillary Clinton’s State Department under “suspicious circumstances” after they donated hundreds of thousands of dollars to Barack Obama’s 2012 campaign fund.

.....wait....there's more.....

Remember when the "kindly, compassionate" Clintons (Bill was then-President)
assured America that abortion would be "safe, legal and rare?"

============================================

Oops. The kindly Clintons plumb "forgot" to mention that they
themselves opened the gates so that Planned Parenthood could traffic
(and profit) in baby body parts.

(EXCERPT--WND.COM). Then-Pres Clinton is credited w/ opening up the market in fetal body parts. Since Clinton signed the National Institutes of Health Revitalization Act of 1993, “fetal-tissue research” has expanded into a federally subsidized multi-million dollar industry of selling human spare parts salvaged from abortions.

For example, the NIH budgeted $21 million in fiscal year 1999 for grants and awards for fetal tissue research. At the University of Washington, the NIH subsidizes the central laboratory for human embryology.

According to a lab notice obtained by WorldNetDaily, it “can supply tissue from normal or abnormal embryos and fetuses of desired gestational ages between 40 days to term. Specimens are obtained within minutes of passage, and tissues are aseptically identified, staged, and immediately processed according to the requirements of individual investigators.” The notice is signed by Alan G. Fantel of the department of pediatrics.

At the time, two organizations that profited from this growth industry were (the now defunct) Opening Lines, a business formerly located in West Frankfort, Illinois...... and Anatomic Gift Foundation, headquartered in Laurel, Maryland.

Opening Lines publicly gave credit to President Clinton for opening up the lucrative business in fetal tissue trade. According to Opening Lines, on January 22, 1993 (the infamous anniversary of legalized abortion---Clinton is not without an in-your-face governing style), Clinton lifted the moratorium on federal funding. “This action created a great demand for fetal tissue and has made possible the development of treatments for individuals afflicted with serious diseases and disorders,” says the Opening Lines sales brochure.

Both companies served as wholesalers for the marketing of baby body parts to researchers, drug companies, hospitals and universities. These groups harvest the baby parts from abortion clinics and ship them to their customers.

Opening Lines provides fetal tissue researchers with a “fee for service schedule,” which gives prices for each body part. For example, Opening Lines charged:

<><> $150 for a spinal column;

<><> $400 for an intact embryonic cadaver;

<><>$75 for 8-week-old baby's eyeballs (40% discount for a single eye);

<><>$150 for two arms or legs; and,

<><> $100 for the skin of a 12-week-old baby.

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