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6th Circuit Court Rules Ohio Planned Parenthood Defunding Unconstitutional

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Taxpayers Must Finance Grants to Abortionists

April 18, 2018 (Cincinnati, OH): On August 3, 2017 the Sixth Circuit Court of Appeals (Judges Eugene Siler, Eric Clay, and Helene White) heard Case 1:16-cv-00539 Planned Parenthood of Greater Ohio v. Lance Himes, at Potter Stewart Courthouse in Cincinnati,.

Planned Parenthood of Ohio and Planned Parenthood of Southwest Ohio (which includes its surgical abortion headquarters on Auburn Ave. in Cincinnati) petitioned the Court to uphold an Ohio federal court’s decision that the state cannot cut some of its federal taxpayer funds because they do abortions.

The 6th Circuit Court has ruled unconstitutional the Ohio law cutting five federal grants to Ohio abortionists. Taxpayers must continue to underwrite these grant projects for the abortion industry.

“True healthcare heals, but abortion is a destructive invasive procedure that kills tiny human beings,” said Paula Westwood, Executive Director, Right to Life of Greater Cincinnati. “We join the many citizens who oppose our tax dollars funding such violence and brutality, which demeans women and men and is lethal for their unborn children.”

April of last year, President Trump signed legislation allowing states to withhold federal family planning dollars from facilities that provide abortion.


Background:
February 22, 2016 Ohio Governor John Kasich signed House Bill 294 (lead sponsors Representatives Bill Patmon and Margy Conditt) to block abortionists in Ohio from qualifying for five federal funding programs administered by the Ohio Department of Health.

The bill redirects state-administered grants-approximately $1.3 million-away from Planned Parenthood and other abortion providers.

Planned Parenthood filed suit May 11, 2016 in federal court to block the law from being enforced. Judge Michael Barrett granted Planned Parenthood a temporary stay then permanent injunction, thus the law has not been in effect and Planned Parenthood has operated as usual.

Planned Parenthood says the cuts would not close any of its 28 facilities in Ohio, but would reduce funds for some non-abortion programs. The law does not affect Medicaid reimbursements, a large source of government funding, which still goes to this leading abortion chain.

Planned Parenthood was represented in this case by Jennifer L. Branch and Alphonse A. Gerhardstein of Gerhardstein & Branch Co. LPA, Helene Krasnoff and Carrie Y. Flaxman of the Planned Parenthood Federation of America, and Paul R.Q. Wolfson, Kimberly A. Parker, John B. Sprangers, Alan E. Schoenfeld, Stephanie Simon and Michelle Nicole Diamond of WilmerHale.

The state was represented by State Solicitor Eric E. Murphy, Deputy Solicitor Hannah C. Wilson and Assistant Attorneys General Ryan L. Richardson and Zachery P. Keller.

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