Here's the latest in an ongoing fight between Planned Parenthood and social conservatives in Texas, as well as the national government versus the state government:
A state district judge on Monday refused to grant a temporary restraining order allowing Planned Parenthood clinics to participate in the Texas Women's Health Program. The Jan. 1 launch of the program can proceed as planned, the judge ruled, until a trial challenging the state’s rule excluding Planned Parenthood is held on Jan. 11.
. . . In the 2011 legislative session, lawmakers passed a law requiring the Health and Human Services Commission, which ran the Women’s Health Program, to ban medical providers “affiliated” with abortion providers from participating in the program. The federal government told Texas that if the so-called Affiliate Ban Rule were implemented, it would stop providing federal matching funds of $9 for every $1 in state funds. In response, Gov. Rick Perry pledged to forgo the federal funding — roughly $30 million annually — and set up a state-funded version of the program called the Texas Women’s Health Program.
. . . Monday’s ruling is the latest in a series of court proceedings that have delayed and complicated the implementation of the Affiliate Ban Rule and the Texas Women’s Health Program. Planned Parenthood originally challenged the constitutionality of the Affiliate Ban Rule, arguing that it prohibited women from going to their provider of choice. But in October, a three-judge panel of the 5th Circuit Court of Appeals denied that claim and set the stage for the state to move forward with its plan to launch the successor program on Nov. 1.
A few days after that ruling, a Travis County district court judge issued a temporary restraining order requiring the state to continue the existing program until it could be determined whether state law made the Affiliate Ban Rule inoperative, because it caused the state to lose federal funding for the program. The state successfully appealed that injunction and, again, began moving forward on its plan to implement the Texas Women’s Health Program without Planned Parenthood providers.
But the state did not forgo its fight to continue receiving federal money to support the program. In December, the state attempted — but failed — to receive an injunction to stop the federal government from cutting off funding for the Women’s Health Program on Dec.31.
The fight is likely far from over. The twists and turns are worth following since it highlighst areas of conflict between governign institutions both within the state and between Texas and the national government.
