Full court to hear appeal of Planned Parenthood case

Setting aside an earlier ruling in favor of Planned Parenthood, the full 6th Circuit Court of Appeals will rehear arguments on whether the revocation of its funding by state officials is unconstitutional.

A three-judge panel in April ruled unconstitutional a decision by Republican lawmakers and the administration of Gov. John Kasich to cut off all state funds to the organization. Planned Parenthood provides abortions and contraception, but also provides other health services.

On Thursday, the Cincinnati-based court ordered the decision vacated so that it could be heard en banc, or by all 16 members of the court. The action comes after Ohio Attorney General Mike DeWine, the Republican candidate for governor, appealed the panel’s decision and asked for a full-court review.

Thursday’s news drew the ire of the abortion-rights group NARAL Pro-Choice Ohio. It noted that the money the state blocked from going to Planned Parenthood came from programs aimed at combating violence against women, breast and cervical cancer, infant mortality, HIV among minorities and other health concerns.

“Appealing this unanimous decision is outrageous. Mike DeWine would rather Ohioans not have access to the cancer screenings and HIV testing that keeps them healthy than allow Planned Parenthood to help them,” Kellie Copeland, the group’s executive director, said in a statement. “He is fighting against funding for rape prevention programs. Mike DeWine is putting funds at risk that combat Ohio’s infant mortality crisis. He’s willing to do all of this just to further his anti-abortion crusade and to appeal to conservative Republican voters.”

The anti-abortion group Ohio Right to Life was pleased with the decision.

“We applaud the Sixth Circuit Court of Appeals decision to vacate the erroneous decision of the original three judge panel,” the group’s president, Michael Gonidakis, said in an email. “Each state has the authority to determine what, if any, private corporations should receive tax dollars. Ohio should not be forced to give its tax dollars to the abortion industry just because they perform abortions.”

In the earlier ruling, the judges said the state had already prohibited state funds from being used to pay for abortions. Stopping the $1.5 million in state money flowing to the organization for other services was intended by Kasich and Republican lawmakers to force Planned Parenthood to stop offering abortions or shut its doors, the panel said. The state was trying to take away poor women’s access to vital, federally subsidized health services simply because Planned Parenthood insisted on providing constitutionally protected access to abortion, the panel said.

“(A)s a condition of retaining access to abortion free of undue governmental interference, Ohio women must forego the extensive and subsidized access to health services under federal programs that they previously enjoyed,” the opinion said.

“Although Ohio women do not have a right to the programs, they do have a right not to have their access to important health services curtailed because their major abortion providers opted to protect women’s abortion rights rather than yield to unconstitutional conditions.”

Planned Parenthood offers abortions at three of its 27 Ohio clinics.