In Planned Parenthood vs. Texas, Judicial Whiplash Ensues
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On Monday afternoon an Austin-based federal judge told the Texas Health and Human Services department that it couldn’t exclude Planned Parenthood from the state’s Women’s Health Program (WHP). Issuing a temporary injunction, U.S. District Judge Lee Yeakel—a George W. Bush appointee—wrote that disqualifying Planned Parenthood from the program is a likely infringement on the constitutional rights of WHP users to choose their reproductive health provider.
The victory was short-lived: By about midnight on Monday, Texas attorney general Greg Abbott had filed an appeal and secured an emergency stay from Judge Jerry Smith of the 5th U.S. Circuit Court of Appeals in New Orleans. Planned Parenthood opposed the stay yesterday evening; Smith will consider it as he decides on the state’s appeal.
For the time being, it seems that many women won’t be able to use WHP at Planned Parenthood to get their no- or low-cost pap smears, breast exams, birth control, STI screening and treatment, blood pressure and cholesterol screenings and other healthcare. Currently, WHP serves more than 100,000 women who can demonstrate that they are at or below 185 percent of the federal poverty limit (translation: a monthly income of $1,723 for a single, childless woman; $2,333 for a household of two; $2,294 for three people; and $3,533 for four). Planned Parenthood serves 40 percent of these clients and is the single largest provider in the state.
This latest skirmish began in mid-April when Texas-based Planned Parenthood affiliates that don’t perform abortions sued the state to stop a law Republicans passed in late February that would make them ineligible for WHP because they share a name with clinics that offer the procedure. The plaintiffs argue that they are legally and financially separate from those that perform abortions (which are still legal, by the way); that WHP patients have a right to choose where they get their healthcare (duh); and that many will not have a viable alternative to Planned Parenthood.
In his 25-page decision, Yeakel seemed to agree, writing, “The record demonstrates that plaintiffs currently provide a critical component of Texas’ family-planning services to low-income women. The court is unconvinced that Texas will be able to find substitute providers for these women in the immediate future, despite its stated intention to do so.”
Indeed, Texas has the highest rate of uninsured people in the country and 35 percent of women ages 15 to 44 are not covered. Last year, the governor slashed its Medicaid budget by two thirds. And in March, Governor Rick Perry turned down $35 million in federal funds that underwrite WHP because the Obama administration (rightly) refused to let him cut Planned Parenthood from its network of providers on ideological grounds. Since then, the cash-strapped state has been claiming that it will fully fund the WHP using its own dollars.
Advocates aren’t so optimistic: “In an effort to target Planned Parenthood and drive them out of Texas, everybody else has been caught in the net,” Fran Hagerty, CEO of the Women’s Health and Family Planning Association of Texas, told me in a mid-March interview. “They’re throwing the baby out with the bathwater. I have been telling [conservative legislators] for years that if they keep doing what they’re doing, we’re going to end up with no family planning providers except Planned Parenthood because they’re so well-supported and do such a bang-up job of getting national and local support.”
While the Planned Parenthood brand is well known and draws lots of supporters, Texas branches that serve poor, rural, mostly Latino areas are suffering acutely. In Hidalgo County, for example, four centers along the Mexican border have shut down since the end of the 82nd Legislative Session last September.
In a tone-deaf statement issued on Monday, Governor Rick Perry’s press secretary said that the state is primarily concerned about the life and liberty of its residents.
“Texas has a long history of protecting life, and we are confident in Attorney General Abbott’s appeal to defend the will of Texans and our state law, which prohibits taxpayer funds from supporting abortion providers and affiliates in the Women’s Health Program. We will continue to work with the Attorney General to pursue all available legal options.”
I’d love to see them say that to the WHP enrollees, who often use Planned Parenthood as their sole source of healthcare. As the late, great Whitney Houston famously said, “Show me some receipts.”
Stay tuned for periodic updates in this quickly evolving case.
Link to original article from ColorLines
States - Texas
Texas Articles
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TX Legislators with ALEC Ties
House of Representatives
- Rep. Tom Craddick (R-82), Immediate Past Chairman, ALEC Board of Directors[48], received $878,000 in campaign contributions from ALEC corporate members from 2004-2011[192][193]
- Rep. Charlie Howard (R-26)[17], State Chairman[194]
- Rep. Jim Jackson (R-115) (retirement announced July 13, 2011), State Chairman[20][195]
- Rep. Phil King (R-Weatherford), received $163,000 in campaign contributions from ALEC corporate members from 2004-2011[192][193]
- Rep. Jerry Madden (R-67)[17][20], ALEC Public Safety and Elections Task Force Co-Chair and 2011 ALEC State Legislator of the Year[1]
- Rep. John Otto (R-18)[17][20], ALEC Tax and Fiscal Policy Task Force Member
- Rep. Randy Weber (R-29)[20]
- Former Rep. Rick Perry (D-64), now Republican Governor (2000-current), received more than $2 million in campaign contributions from ALEC corporate members from 2004-2011[192][193]
- Rep. Todd Smith (R-92), ALEC Civil Justice Task Force Member
- Rep. Todd Hunter (R-32), ALEC Civil Justice Task Force Member
- Rep. Mike W. Hamilton (R-19), ALEC Civil Justice Task Force Member
- Rep. Larry Phillips (R-62), ALEC Civil Justice Task Force Member
- Rep. Byron Cook (R-8), ALEC Civil Justice Task Force Member
- Rep. Charles F. Howard (R-26), ALEC Telecommunications and Information Technology Task Force Member
- Rep. Aaron Pena (R-40), ALEC Telecommunications and Information Technology Task Force Member
- Rep. Harvey Hilderbran (R-53), ALEC Tax and Fiscal Policy Task Force Member
- Rep. Larry W. Taylor (R-24)[17], ALEC Public Safety and Elections Task Force Member
- Rep. Tracy O. King (D-80), ALEC International Relations Task Force Member
- Rep. Ryan Guillen (D-31), ALEC International Relations Task Force Member
- Rep. Randy Weber (R-29), ALEC International Relations Task Force Member
- Rep. Susan King (R-71)[17], ALEC Health and Human Services Task Force Member
- Rep. Ralph Sheffield (R-55), ALEC Health and Human Services Task Force Member
- Rep. Mark Shelton (R-97), ALEC Health and Human Services Task Force Member
- Rep. Jose Menendez (D-124), ALEC Health and Human Services Task Force Member
- Rep Bryan Hughes (R-5)[17], ALEC Health and Human Services Task Force Member
- Rep. Warren Chisum (R-88), ALEC Energy, Environment and Agriculture Task Force Member
- Rep. Bill Callegari (R-132)[17], ALEC Energy, Environment and Agriculture Task Force Member
- Rep. Rob Eissler (R-15), ALEC Education Task Force Member
- Rep. Daniel H. Branch (R-108), ALEC Education Task Force Member
- Rep. John T. Smithee (R-86), ALEC Commerce, Insurance and Economic Development Task Force Member
- Rep. John E. Davis (R-129), ALEC Commerce, Insurance and Economic Development Task Force Member
- Rep. Vicki Truitt (R-98), ALEC Telecommunications and Information Technology Task Force Alternate
- Rep. Patricia Harless (R-126), ALEC Telecommunications and Information Technology Task Force Alternate
- Rep. Ken W. Paxton (R-70), ALEC Telecommunications and Information Technology Task Force Alternate
- Rep. Phil King (R-61), ALEC Tax and Fiscal Policy Task Force Alternate
- Rep. Gary W. Eikins (R-135), ALEC Tax and Fiscal Policy Task Force Alternate
- Rep. Dawnna M. Dukes (D-46), ALEC Tax and Fiscal Policy Task Force Alternate
- Rep. Wayne Smith (R-128), ALEC Public Safety and Elections Task Force Alternate
- Rep. Eric Johnson (D-100), ALEC Public Safety and Elections Task Force Alternate
- Rep. Allen Fletcher (R-130), ALEC Public Safety and Elections Task Force Alternate
- Rep. Tracy King (D-80), ALEC Energy, Environment and Agriculture Task Force Alternate
- Rep. Rick Hardcastle (R-68), ALEC Energy, Environment and Agriculture Task Force Alternate
- Rep. Brandon Creighton (R-16), ALEC Energy, Environment and Agriculture Task Force Alternate
- Rep. Geanie W. Morrison (R-30), ALEC Education Task Force Alternate
- Rep. Diane Patrick (R-94), ALEC Education Task Force Alternate
- Rep. Rob Orr (R-58)
- Rep. Ken Legler (R-144), ALEC Commerce, Insurance and Economic Development Task Force Alternate
- Rep. Kelly G. Hancock (R-91)[17], ALEC Commerce, Insurance and Economic Development Task Force Alternate
- Former Rep. Betty Brown (R-4)[17]
- Rep. Wayne Christian (R-9)[17]
- Rep. Dan Flynn (R-2)[17]
- Rep. Jodie Laubenberg (R-89)[17]
- Rep. David Swinford (R-87)[17]
Senate
- Sen. Troy Fraser (R-Horseshoe Bay), received $315,000 in campaign contributions from ALEC corporate members from 2004-2011[192][193]
- Sen. Kel Seliger (R-31), ALEC State Chairman[20][196], received $124,000 in campaign contributions from ALEC corporate members from 2004-2011[192][193] and Energy, Environment and Agriculture Task Force Member
- Former Sen. Todd Staples (R), former State Chairman[197]
- Sen. Chris J. Harris (R-9), ALEC Telecommunications and Information Technology Task Force Member
- Sen. Tommy Williams (R-4), ALEC Tax and Fiscal Policy Task Force Member
- Sen. Glenn Hegar, Jr. (R-18), ALEC Public Safety and Elections Task Force Member
- Sen. Jane Nelson (R-12), ALEC Health and Human Services Task Force Member
- Sen. Florence D. Shapiro (R-18), ALEC Education Task Force Member
- Sen. Mike Jackson (R-11), ALEC Commerce, Insurance and Economic Development Task Force Member
Legislators Who Have Cut Ties With ALEC
- Rep. Alma Allen (D-131) - Allen said in a statement to the organization "Progress Texas," "As a legislator, I value the input that non-partisan organizations contribute to various issues. However, I do not believe that the American Legislative Exchange Council is a non-partisan organization. Due to the legislation that ALEC has been involved in forming and promoting, I will not be renewing my membership. I value and listen to all opinions, but ALEC's agenda has become harmful to my constituents, and the people of the State of Texas."[25]
- Rep. Armando Martinez (D-Weslaco) - Announced he would not be renewing his ALEC membership in April 2012.[26]
- Rep. Dawnna Dukes (D-Austin) - Announced she would not be renewing her ALEC membership in April 2012.[26]
- Rep. Hubert Vo (D-Houston) - Announced he would not be renewing his ALEC membership in April 2012.[26]
- Rep. Harold Dutton (D-Houston) - Announced he would not be renewing his ALEC membership in April 2012.[26]
- Rep. Chente Quintanilla (D-Tornillo) - Announced he would not be renewing his ALEC membership in April 2012.[26]
- Rep. Eddie Rodriguez (D-Austin) - Announced he would not be renewing his ALEC membership in April 2012.[26]
- Rep. José Menéndez (D-San Antonio) - Announced he would not be renewing his ALEC membership in April 2012.[26]
- Rep. Ruth Jones McClendon (D-San Antonio) - Announced she would not be renewing her ALEC membership in April 2012.[26]
- Rep. Eric Johnson (D-Dallas) - Announced he would not be renewing his ALEC membership in April 2012.[26]
- Rep. Tracy O. King (D-80) - Announced he would not be renewing his ALEC membership in April 2012.[26]
- Rep. Ryan Guillen (D-31) - Announced he would not be renewing his ALEC membership in April 2012.[27]