Kansas Planned Parenthood Ruling Could Protect It In Other States

A federal judge in Kansas issued another victory for Planned Parenthood on Monday, temporarily blocking the implementation of a law that would have defunded the family planning provider and forced it to close at least one of its three clinics in the state. A spokesperson for Planned Parenthood said the decision could cause other states to think twice before passing defunding laws, despite the wave of anti-Planned Parenthood bills that have been put forth during the 2011 legislative sessions.

"Proponents of these defunding attempts have said they will pursue these types of measures next year," said Rachel Sussman, senior policy analyst for Planned Parenthood, in a press conference Monday. "I don't think we have seen the end of this, and I would urge folks to take the court decisions we do have on this very seriously in hopes that we can avoid seeing more of these types of bills next year."

Planned Parenthood's legal team argued in court that the defunding law, which blocked all Title X family planning funds to entities that provide abortions, was unconstitutional because it penalized Planned Parenthood for providing a legal health service and took away patients' freedom to choose a qualified health provider. The state, represented by the same private law firm that has defended the billionaire Koch brothers in the past, argued that the bill didn't cause any irreparable harm because patients could go elsewhere for family planning and preventative care services.

According to Planned Parenthood of Kansas and Mid-Missouri (PPKM), the law would have forced it to raise costs for the 5,700 low- to moderate-income women and men it currently serves and to close down its clinic located in Hays, Kansas.

“Ensuring every patient continues to receive affordable family planning services and basic preventive health care, without long-term interruption remains our primary concern," said Peter Brownlie, president and CEO of PPKM. "We’re pleased today’s decision allows us to honor that commitment at least while this lawsuit proceeds.”

Planned Parenthood already won a legal battle against a similar defunding measure in Indiana this summer with the help of a strong rebuke from the Obama administration. Sussman said their legal team is now shifting focus to a court battle in North Carolina, where lawmakers recently overrode the governor's veto of a budget bill that zeroes out funding for Planned Parenthood. They are "closely watching" defunding amendments in Wisconsin and New Hampshire as well.

"One of the reasons we have courts is to ensure that legislative bodies can't just enact laws that violate the rights of citizens and organizations without checks and balances," said Brownlie. "But I don't believe the courts are our only refuge — the vast majority of Americans and Kansans disagree with the positions this legislature has taken.

"I remain optimistic that in subsequent elections the citizens of Kansas will make it clear that they didn't send this legislature to Topeka this year to defund Planned Parenthood," he added. "They sent them to fix our economy."

Comments

[Angie Tyne 1]

07:33 PM on 08/03/2011

"I remain optimistic that in subsequent elections the citizens of Kansas will make it clear that they didn't send this legislature to Topeka this year to defund Planned Parenthood," he added. "They sent them to fix our economy."

Classic bait and switch. They never had any intention of doing anything but enacting neo-feudalism:
http://www.frontporchrepublic.com/2010/08/neo-feudalism-and-the-invisible-fist/

[MANOFCOMMONSENSE]

02:11 PM on 08/03/2011

I'm not for Abortion!! But i am for minding my own Business and not wedging my nose between the Doctor and the husband with his wife and or her Doctor and any women... Private,Private!!

[been2there]

01:12 AM on 08/03/2011

I hope the courts continue to do what is right--and I hope that people, women especially, vote the yahoos OUT.

[ruthieriver1]

10:57 PM on 08/02/2011

The jest behind this bill is that of the stauch republican saying that we need to make cuts here, thier only agenda is to repress a woman rights, I am not Pro-Abortion, I am Pro-Choice, and not only in the classification of rape, incest, or medical nessecity, also when a woman is just not prepared to have a baby, or go through with a full term pregnancy, then adoption....What really enrages me, is when they are trying to defund these clinics, for one reason and one reason only, to force women into going through with unwanted pregnancy's, women whom can not afford to go to a provider that would help them, instead they would be given an option to go to a provider that will help them through with an adoption, (paid pregnancy)...I have respect for all human life, dont send women back to the stone ages....

[susiestattos]

06:58 PM on 08/02/2011

I am a pro choice woman age 49. I believe in a womans right to choose...but I also believe that American taxpayers should NOT have to pay for that choice.

[GulfportM]

06:39 PM on 08/02/2011

Ludicrous...Planned Parenthood should be 100% defunded with Federal Dollars. If they need money set you visitation fees accordingly, ask for volunteers, set up their phone banks and get dialing for dollars.

[Ozark Homesteader]

08:59 PM on 08/02/2011

The problem comes when government supports other, similar institutions. You can't cut off one and not the others.

[marie phd]

01:31 AM on 08/03/2011

I don't believe the govt should finance viagra or cialis either but I believe they both are.

[SWadlington]

04:21 PM on 08/02/2011

They want to ban women’s health care and family planning. If they succeed their next move will be to take away women’s voting rights. At least half the voters in every state are women and passing laws that take away their rights is a guaranteed way to get voted out. Republican politicians are dumber than a box of rocks if they think any women will vote for them eve again.

[GulfportM]

06:41 PM on 08/02/2011

Who is they? Take away women's right to vote? All "they" are saying is no more free rides for Planned Parenthood. If they are in the healthcare business then so be it. No one is stopping them.

[leskataus]

11:06 PM on 08/02/2011

It's not a free ride. It's offering services at a reduced rate for low income or uninsured women who otherwise couldn't afford them.

[Lucky S7even]

04:06 PM on 08/02/2011

i don't know why the tea party wing of the GOP insists on cuts like this one. if they're going to launch a political assault on women and family planning, you think they'd be able to veil their hatred a little more.

[dwangelo]

03:59 PM on 08/02/2011

I hope these ladies someday look back at how ridiculous they are being during a time when the entire country is on the verge of ruin.

We get it, you want money.

How cute.

[sdesign]

04:41 PM on 08/02/2011

What is so cute?

[leskataus]

11:07 PM on 08/02/2011

Well, one thing that would help is to end the two wars that have been going on for nearly a decade now. Those have cost billions of dollars more than Planned Parenthood.

[dwangelo]

11:28 PM on 08/02/2011

Yeah, that would be nice, too!

[FortuneKoochie]

01:21 PM on 08/02/2011

Teaparty: May the fetus you save be g@y

[JasonJM]

11:56 AM on 08/02/2011

This is a Judge / Entire State assembly.

How does he/she do it?

[LaurieAnn]

12:25 PM on 08/02/2011

State Assemblies can, and often do, vote in laws which are contradictory to other laws or are unconstitutional.

[JasonJM]

12:34 PM on 08/02/2011

The federal courts have overturned rulings like this dozens of times.

The courts DO NOT get to decide what money is spent where.

The judge in New York who told the feds they couldn't defund Acorn found that out last year when the Federal Courts threw out her ruling.

The states could decide to not fund City Parks with skateboard ramps in them.
It's the same thing.

[DevonTexas]

02:41 PM on 08/02/2011

uh... because there's a check and balance against an out of control State Assembly. The Founding Fathers' idea works, eh?

[JasonJM]

11:53 AM on 08/02/2011

Where in the US or State constitutions does it say Judges get to spend pubic funds?
Answer...no where.

[almedoz]

12:09 PM on 08/02/2011

Your Freudian slip is showing.

[p c r]

01:09 PM on 08/02/2011

A judeg CAN point out when a law passed by a state legislature is unconstitutional. Read the article and try to imderstand the grounds behind the ruling.

[jedwightn]

11:34 AM on 08/02/2011

Kansas using the same attorney that defended the Koch brothers, talk about telegraphing your punch. I guess we now know who runs that state. Clearly, there is something wrong with Kansas!

[wa-st-concerned]

03:39 PM on 08/02/2011

Every one of these defunding legislations (and every union busting, voter suppression attempt and other aggregious acts being committed by repulican state legislatures) come directly from ALEC - the rabid right wing legislation producer and whose members are major corporations.

Google and research ALEC - it is diabolical in it's agenda.....

[Janet Logan]

11:30 AM on 08/02/2011

Maybe PP should offer a special myopia and/or tunnel-vision repair service - for the benefit of those concerned citizens who can see no further than the end of their nose when it comes to all things that might be sex-related.

[p c r]

01:11 PM on 08/02/2011

It has to do with the inequality of providing funding for clinics that correspond with your religious views and pulling funding from clinics that do not, despite the fact that they both offer the same basic services by qualified professionals.

[Janet Logan]

01:16 PM on 08/02/2011

Didn't say anything about balanced budgets either, or megacorporation tax breaks or nuclear weapons or a whole host of stuff for that matter but they are all covered. I'd say if the technology and scientific knowledge had been around back then the funding allocation would have been found under the general welfare of the nation.

I'm starting to believe that on the TP list of targets one of the biggest ones is the 48% who allegedly don't pay taxes, in the sweeping belief that they are all undeserving, feckless, shiftless poor who don't have any right to their place at the table, next to BP et al.

That you would condemn, without a second thought, so many impoverished people to lose what little measure of healthcare they can access is sad beyond belief.

[felic2011]

11:07 AM on 08/02/2011

Reps= Tax cuts for the rich, that is their only agenda. They use abortion, gay rights plus the T baggers to get what they want.
They say they are concerned about the life of a fetus, but seem to have no regard for the life and well being of women.

[Seven Teenatheart]

11:15 AM on 08/02/2011

But they don't really care about the life of the fetus. Cutting PP cuts access to prenatal care.
This'll increase preventable birth defects, and both fetal and maternal mortality rates.

They appear to care about control, in the name of the fetus. Not the fetus.

[felic2011]

11:27 AM on 08/02/2011

You are absolutely correct.

[LaurieAnn]

12:58 PM on 08/02/2011

Sadly, everything you say is very correct.  It is a very scary situation that the pro-birthers are pushing on us all.