Planned Parenthood Sues to Halt Exclusion from Program

Apr 11, 2012

Planned Parenthood branches in Texas have filed a federal lawsuit in an effort to block their exclusion from the state's Women's Health Program.

After Texas' Republican leaders indicated their intent to start enforcing a state rule that bans "affiliates" of abortion providers from participating in the Medicaid-funded contraception and cancer-screening program, the Obama administration pulled federal financing from the program. Gov. Rick Perryhas vowed that the state will find the money to continue the program without federal help — and that the rule banning Planned Parenthood clinics will stand. No clinics participating in the program have performed abortions. 

The lawsuit, filed today in Austin, asks the court for an injunction to stop enforcement of the rule, so that the Planned Parenthood clinics would be able to remain in the program. Its filers argue the rule violates clinics' rights by putting an "unconstitutional condition on their participation" in the Women's Health Program. It also alleges that the Health and Human Services Commission, which is enforcing the rule, "overstepped its authority in adopting a rule that conflicts with the purpose of the laws that created the program." 

We'll update this post as soon as we get a response from the governor's office or the attorney general.