Supreme Court Declines Key Planned Parenthood Case

Pearl Mccarthy
December 12, 2018

Planned Parenthood got another victory at the Supreme Court today thanks to the fecklessness of Justices Roberts and Kavanaugh, who both declined to hear a case on whether states can defund abortion businesses under the Medicaid Act.

The U.S. Supreme Court on Monday declined to review rulings that blocked states from cutting off public funding to Planned Parenthood - with freshman Justice Brett Kavanaugh siding with the court's liberals.

[W] hat explains the Court's refusal to do its job here? The rest denied the petition, with Kavanaugh and Chief Justice John Roberts joining liberal Justices Ruth Bader Ginsburg, Elena Kagan, Sonia Sotomayor, and Stephen Breyer.

The Supreme Court left in place lower court decisions that found that states violate federal law when they terminate Medicaid contracts for Planned Parenthood.

Planned Parenthood later filed a lawsuit against the group, Center for Medical Progress, alleging that defendants lied their way into the recorded meetings and set up a fake company and personal identities to pull off the videos.

Planned Parenthood immediately applauded the court's decision.

The case does not involve federal money for abortion-related services.

"Abortion is not healthcare, it is a human rights abuse", Mancini added.

Thomas wrote a short but pointed dissent for public consumption, a rare event in cert denials.

The Supreme Court didn't side with Planned Parenthood, nor did it preserve the abortion provider's funding.

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Melissa Murray, a New York University law professor who specializes in constitutional and reproductive law and testified against Kavanaugh's confirmation, says the Supreme Court's decision not to hear the case will protect healthcare access for women who rely on Medicaid, including those who are indigent, live in rural areas and have limited financial resources.

"It does appear they are being very careful based on their actions so far".

The new case Kisor v. Wilkie involves the Department of Veterans Affairs, and asks the court to reexamine its 1997 decision in Auer v. Robbins, which said courts should defer to an agency's interpretations of its own regulations.

Catherine Glenn Foster, president and CEO of the anti-abortion Americans United for Life, said the court should have heard the case.

Defunding Planned Parenthood has always been a priority for the Republican Party and canceling federal dollars for the organization became a point of discussion ahead of Kavanaugh's confirmation this fall.

At the same time, the administration has been seeking to leap-frog more liberal-leaning lower courts to get cases on divisive questions over immigration, transgender rights and the US census before the justices more rapidly.

"Although Planned Parenthood is acting like it's a win for them, I'm not so sure that's true in the long run", Culp said. "As a doctor, I have seen what's at stake when people can not access the care they need, and when politics gets in the way of people making their own health care choices", said Dr. Leana Wen, the group's president.

Johnson told CNA she believes states should instead fund federal qualified healthcare clinics, which "outnumber Planned Parenthood almost 20-to-1 and sees ten times the number of patients that Planned Parenthood does every year".

Planned Parenthood, the only provider offering abortions in the Nashville area, suspended its services and started referring abortion patients to Knoxville and Memphis, according to a spokesperson.

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