U.S. Vice President Mike Pence participates in the opening session of the Americas Summit in Lima Peru
A federal appeals court Wednesday blocked an OH law that would cut federal taxpayer funding to 28 Planned Parenthood clinics, holding that conditions it imposed that denied funds to abortion providers were unconstitutional.
John Kasich and GOP lawmakers, who are supportive of abortion restrictions, acted unconstitutionally to end $1.5 million in annual state funding for Planned Parenthood.
The panel upheld a permanent injunction granted by U.S. District Court Judge Michael Barrett in August 2016 and ruled that Ohio Revised Code 3701.034 violates abortion providers' due process and First Amendment rights.
Jerry Lawson, CEO, Planned Parenthood Southwest Ohio, said in a statement released Wednesday that he was "thrilled that today's decision will safeguard our patients' access to care". "Further, the regulations challenged in Rust, unlike the statute here, did not penalize abortion providers for activities outside the federally funded family-planning program".
U.S. Circuit Judge Helene White, writing for the three-judge panel, said the OH law had violated Planned Parenthood's due process rights by requiring a health care provider to surrender its right to provide legal abortions as a condition of participating in programs that have nothing to do with abortion.
The group's attorneys argued the law was unconstitutional because it required, as a condition of receiving government funds, that recipients abandon their constitutionally protected rights to free speech and to provide abortion services.
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The Canadian Prime Minister insisted that the agreement exempts the cultural industry, an essential point for France. Canada and France have also committed themselves to defending the environment, he added.
"Precluding plaintiffs from funding under the six federal preventive-health programs that have nothing to do with abortion does little to promote these interests", White wrote.
". the government may not constitutionally exclude a recipient from funding based on the recipient's exercise of constitutional rights outside the parameters of the program that have no bearing on or nexus to the program", added White.
"This victory is critically important for tens of thousands of Ohioans across our state that rely on Planned Parenthood for care and education each year".
"The Constitution does not give private corporations the right to taxpayer dollars".
Wednesday's decision said the money at issue had nothing to do with abortion, while noting that state and federal law have prohibited the use of government funds to pay for abortions for decades.
The state defended the law, saying it should be able to decide how to spend the public funds, but the court rejected that argument.
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