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Federal Court Blocks Indiana From Cutting Funding to Planned Parenthood

Oct. 23, 2012 4:27pm Erica Ritz

Federal Court Blocks Indiana From Cutting Planned Parenthood Funding

Planned Parenthood supporters rally at the Indiana Statehouse in 2011. (Photo: AP)

(TheBlaze/AP) — Indiana can’t block state-administered Medicaid funds for Planned Parenthood just because the organization provides abortions, a federal appeals court ruled Tuesday, upholding the crux of a lower court order that said the state can’t deny patients the right to choose their own health care provider.

Though federal law already prohibits states from using federal funds to provide abortions– and Indiana has similar laws on the books with regard to state funds– the Wall Street Journal reports that Indiana went a step further to say that any organization that provides abortions is also ineligible for funding. In their estimation, even if the bills are earmarked for a different procedure, it’s still indirect funding since it covers costs in other areas.

Planned Parenthood immediately challenged the law with help from the American Civil Liberties Union of Indiana. District Judge Tanya Walton Pratt blocked the state from enforcing the law in June 2011, so the flow of taxpayer cash continued.

The state appealed that order– reiterating that in providing money to Planned Parenthood, it is indirectly funding abortion– but the 7th U.S. Circuit Court of Appeals in Chicago upheld the core portion of Pratt’s order Tuesday.

“The defunding law excludes Planned Parenthood from Medicaid for a reason unrelated to its fitness to provide medical services, violating its patients’ statutory right to obtain medical care from the qualified provider of their choice,” the ruling reads, essentially saying it interferes with a person’s ability to choose their own doctor.

Bryan Corbin, a spokesman for the Indiana attorney general’s office, said the state was reviewing the appeals court opinion. The state can either ask the full court to review the panel’s ruling or appeal directly to the Supreme Court. The governor’s office did not return phone calls Tuesday morning seeking comment.

The ACLU said the appeals court decision was a victory, above all, for women.

“This law was an attempt by politicians to punish organizations that are providing legal services,” Talcott Camp, deputy director of the ACLU Reproductive Freedom Project, said in a news release. “Elected officials should not place politics above women’s health.”

The appeals court also said Pratt needed to modify other sections of her order that ACLU attorney Ken Falk said dealt with revenue sources other than Medicaid.

“Ending funding for birth control, well-woman exams, or cancer screenings at Planned Parenthood health centers is badly out of touch with the needs of American women and families,” Dawn Laguens, executive vice president of the Planned Parenthood Action Fund, said in an emailed statement. “That is why the public stands with Planned Parenthood, just as the court did today.”

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Comments (89)

taxpro4u03
Posted on October 23, 2012 at 5:14pm
K folks — In all things man made we gotta ask: “What is it, what is it’s nature, what does it do — where does it come from…?” HERE, the root is ‘Statutory Authority.’ — so — “What IS that? Where does it come from what does it do — What is it’s nature? Why – WHy-WHY?” — Once you understand it — We need to understand the terms ‘corporation’ and ‘contract,’ and how they apply or CANNOT apply AT LAW. Question then becomes “what is THAT? Where does that come from — what does it do — how does it apply? Who am “I?” — if the ‘legal industrial complex’ can’t ‘understand it,’ how can YOU? Simple — Know WHICH ‘Constitution’ is being applied and HOW :-) I suggest dissecting it back to 1933, with the imposition of Public Policy — which ‘progressed’ out of the 2nd Organic Acts of 1871/74… If one does not own or have access too Black’s Law 9th edition — that is $50 well invested. You NEED a hardcopy. Reasonable people (triers of fact) are GENERALLY neutral in analysis of a charge/countercharge employing logic from an AGREED upon TRUE premise. ‘YOU agreed it was true…” Opinions vary. FACTS do NOT. — How is it that Attorneys, Lawyers, and the rank and file of jurisprudence AS WE UNDERSTAND IT cannot ‘agree,’ and the Chief Justice of the United States can make the language of the law ‘fit’ the CORPORATE ‘parameters’ for ‘legality?’ — Once you understand it — it becomes self-evident TRUTH. :-) Now — git da nose in da books and BE ‘Geor

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- lordjosh
  Posted on October 23, 2012 at 6:20pm
  Also look at the Federal rules of Civil Procedure, and how that came about. I would go with a Black’s 5th or older to avoid the re-writes. Still a lot of good info in newer ones too. My Webster dic. of Law copy 1996 says “Civil Law” is Roman Law! Hmmmmm?
  
  Report this comment
- The_Jerk
  Posted on October 23, 2012 at 10:37pm
  When those patients are not paying the bill, the people that are paying have every right to pick and choose what they will, and will not, pay for. Courts are becoming illegitimate.
  
  Report this comment
- drs1969
  Posted on October 23, 2012 at 11:38pm
  Re: Jerk
  Very true.
  The courts have been making the same rulings to grow government since, at least, FDR’s time. Chalk up another win for the ACL-Jew. Jewish Bolshevism wins another battle.
  
  Report this comment
- Secret Squirrel
  Posted on October 24, 2012 at 6:51pm
  .
  “Elected officials should not place politics above women’s health.”
  But unelected judges should?
  
  Just because something is legal doesn’t mean I have to pay for it.
  Somehow, the loony left has equated legal abortions with government funded abortions.
  Fight back.
  What’s next? I have to buy your toilet paper or else there’s a war on pooping?
  
  Report this comment
canuck44
Posted on October 23, 2012 at 5:13pm
Every nickel sent to PP should be audited regularly…as in weekly to ensure the billings are not up coded, fraudulent or unnecessary. Treat them the way Obama treated the coal industry…an audit a day keeps the abortionist away.

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- Exrepublisheep
  Posted on October 23, 2012 at 5:30pm
  Great idea! Bigger government! More auditors! Yeah for creating jobs!
  
  Report this comment
- Prosecute_Constitutional_Treason_In_Washington
  Posted on October 23, 2012 at 6:50pm
  Voting For Liberal Leaders Will Not Change The US Being Nuked.
  Articles like this are not going to matter with WW III coming. 2-10 years max. China and Russia against NATO. The US will be nuked. Obama or Romney won’t change our map at this point.
  Here’s what is coming. WW III with nukes. The Middle East and Muslim Brotherhood are just distractions. The flash point will come and soon. Your family will die most likely. There is a Russian nuke pointed at every US city over 10K. Why? Russia and China are slowly growning tired of being bullied. Folks you have voted for your death with liberal leaders like Romney and Obama.
  Our aircraft carriers fleets will be nuked out of existance. Russia has lots of nuke shelters. The US has almost zero for it’s citizens. US leaders have bug out shelters under mountains. Even the Bible predicts this to happen.
  
  Sounds far fetched until you look at how the stars are lining up and who is saying this.
  
  http://www.infowars.com/globalists-plan-to-nuke-america-revealed/
  
  Report this comment
- Prosecute_Constitutional_Treason_In_Washington
  Posted on October 23, 2012 at 6:52pm
  Were headed to WW III with America being nuked and most sheeple are focused on Planned Parenthood.
  Articles like this are not going to matter with WW III coming. 2-10 years max. China and Russia against NATO. The US will be nuked. Obama or Romney won’t change our map at this point.
  Here’s what is coming. WW III with nukes. The Middle East and Muslim Brotherhood are just distractions. The flash point will come and soon. Your family will die most likely. There is a Russian nuke pointed at every US city over 10K. Why? Russia and China are slowly growning tired of being bullied. Folks you have voted for your death with liberal leaders like Romney and Obama.
  Our aircraft carriers fleets will be nuked out of existance. Russia has lots of nuke shelters. The US has almost zero for it’s citizens. US leaders have bug out shelters under mountains. Even the Bible predicts this to happen.
  
  Sounds far fetched until you look at how the stars are lining up and who is saying this.
  
  http://www.infowars.com/globalists-plan-to-nuke-america-revealed/
  
  Report this comment
drrgb
Posted on October 23, 2012 at 5:10pm
Judicial Dictatorship

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- Rothbardian_in_the_Cleve
  Posted on October 23, 2012 at 6:00pm
  Not really. “They made a ruling, now let them enforce it”. Borrowing from Andrew Jackson.
  
  You don’t have to honor a court ruling. Indiana can still hold funding. What is the court going to do about it? They only have power through the consent of the governed. Remove consent and they have no power.
  
  It’s too bad Indian doesn’t have the stones to invoke the 10th amendment and tell the courts to pound sand.
  
  Report this comment
- drs1969
  Posted on October 23, 2012 at 11:41pm
  Or, Black Robed Tyranny.
  
  Report this comment
justa_thought
Posted on October 23, 2012 at 5:09pm
humm

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neverending
Posted on October 23, 2012 at 5:03pm
Newt Gingrich was right when he said it was time for these judges to be thrown out. They do – everyone of them. That too has become rampant under bozo the clown – forget we the people and rule to their liking.

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- Exrepublisheep
  Posted on October 23, 2012 at 5:30pm
  Newt Gingrich is your hero? Enough said.
  
  Report this comment
- Prosecute_Constitutional_Treason_In_Washington
  Posted on October 23, 2012 at 6:51pm
  While we are focused on Planned Parenthood, the World is headed to WW III.
  Articles like this are not going to matter with WW III coming. 2-10 years max. China and Russia against NATO. The US will be nuked. Obama or Romney won’t change our map at this point.
  Here’s what is coming. WW III with nukes. The Middle East and Muslim Brotherhood are just distractions. The flash point will come and soon. Your family will die most likely. There is a Russian nuke pointed at every US city over 10K. Why? Russia and China are slowly growning tired of being bullied. Folks you have voted for your death with liberal leaders like Romney and Obama.
  Our aircraft carriers fleets will be nuked out of existance. Russia has lots of nuke shelters. The US has almost zero for it’s citizens. US leaders have bug out shelters under mountains. Even the Bible predicts this to happen.
  
  Sounds far fetched until you look at how the stars are lining up and who is saying this.
  
  http://www.infowars.com/globalists-plan-to-nuke-america-revealed/
  
  Report this comment
- drs1969
  Posted on October 23, 2012 at 11:48pm
  Newt was right. I know this because the Jewish-run media attacked him, like a rabid Pit Bull, for saying it out loud.
  
  Report this comment
Tri-ox
Posted on October 23, 2012 at 4:59pm
No big surprise – obama and his radicals will stop at nothing to keep the P.P. meat grinders humming – the democrats’ abortion industry is very powerful and VERY PROFITABLE.

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- Mil-Dot
  Posted on October 23, 2012 at 5:23pm
  Exactly. They know it is flat out baby murder, but hey, if you can get the votes of young women who want to have unlimited sex anytime, anywhere, and you are a low life prog politician, you go for it. Anything for a vote.
  
  Report this comment
term limits for congress
Posted on October 23, 2012 at 4:59pm
Where do men go for their cancer screenings and well-man care?

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thibx
Posted on October 23, 2012 at 4:54pm
stand for womens health. when is being pregnant a health issue only demonuts see that. court has to be demonuts.

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- rickc34
  Posted on October 23, 2012 at 5:06pm
  Obama has been making abortion a political issue for years. These people have shed the blood of the innocent and will receive their due punishment.
  
  Report this comment
smokeyridgerunner
Posted on October 23, 2012 at 4:50pm
Do they have the poer to do this to a state?

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- taxpro4u03
  Posted on October 23, 2012 at 5:40pm
  Yes, they have the ‘power.’ — WHY? ;-) — Scroll down and LISTEN to what judge Napolitano is(n’t) TELLING YOU. Wait. WHAT? — Exactly. Rights are non-delegable under WHICH conditions, what is the definition of ‘attorney,’ (legal definition – not ‘Webster’s) — What happens when one does not ‘stand’ for him/herself? WHY? Why is the term ‘lawyer,’ also a verb? :-) Enjoy! No wonder ‘they’ don’t like us very well…
  
  http://www.theblaze.com/stories/here-are-the-highlights-from-freepac-orlando-our-long-national-nightmare-is-about-to-be-over/
  
  Report this comment
- drs1969
  Posted on October 23, 2012 at 11:51pm
  Feds will threaten other funds, if not enforced.
  
  Report this comment
Kupo
Posted on October 23, 2012 at 4:49pm
This is absolutely ridiculous. It’s not like defunding PP is going to magically make it vanish, nor is it going to prevent people from choosing their own doctor. People would still be able to go to Planned Parenthood all they want, only it wouldn’t be subsidized by taxpayer dollars anymore.

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LeadNotFollow
Posted on October 23, 2012 at 4:47pm
.
Planned Parenthood should be teaching abstinence, proper use of contraceptives, and how to put babies up for adoption, not performing millions of abortions (murdering babies).

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- Mil-Dot
  Posted on October 23, 2012 at 5:26pm
  Have you ever noticed that it is mostly the very ugly women who seem to be the most concerned with having the right to an abortion? It is almost as if they want people to believe that they are actually having sex with another human. But we know they are too ugly for that to be true.
  
  Report this comment
- pissantno.10
  Posted on October 23, 2012 at 6:20pm
  i was thinking the same thing mabey they are getting there cars tuned up an oil change , tries rotated.
  
  Report this comment
TedBohne
Posted on October 23, 2012 at 4:46pm
Good for them PP helps young women who can’t afford the horrific premiums that big insurance puts on them.

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- Rothbardian_in_the_Cleve
  Posted on October 23, 2012 at 4:54pm
  Um, was that a joke? It feels like a troll but you can never really underestimate collective stupidity nowadays.
  
  Report this comment
- TSUNAMI_22
  Posted on October 23, 2012 at 4:57pm
  Abstinence is free.
  
  Backing an organization that justifies irresponsible sex at the expense of an innocent human life, that costs you your soul and guarantees you an “E” ticket ride into the lake of fire.
  
  In both cases you have the “right to choose”.
  
  Report this comment
- rp454
  Posted on October 23, 2012 at 4:58pm
  So now our tax dollars can be funneled to private companies for any reason and the only people who have any say in the matter are appointed judges? Really? Good to be back in the USSR!
  
  Report this comment
- 2MINUTESTOMIDNIGHT
  Posted on October 23, 2012 at 4:59pm
  If you’re mature enough to pull off your panties, you’re mature enough to pay for the consequences.
  
  And don’t give me that “mamogram” horse****.
  
  Report this comment
- PilgrimStuckInBizarroWorld
  Posted on October 23, 2012 at 5:02pm
  50 million babies killed since R vs. W. was decided is genocide. The truth will set us free.
  
  Report this comment
- wianno94
  Posted on October 23, 2012 at 6:04pm
  TedBohne
  Posted on October 23, 2012 at 4:46pm
  “Good for them PP helps young women who can’t afford the horrific premiums that big insurance puts on them.”
  
  Which leads me to ask, if Obamacare covers everyone for health insurance, why do women need to go to PP for their female healthcare?
  
  Report this comment
The-Monk
Posted on October 23, 2012 at 4:45pm
“The defunding law excludes Planned Parenthood from Medicaid for a reason unrelated to its fitness to provide medical services, violating its patients’ statutory right to obtain medical care from the qualified provider of their choice,”

Can we use this ruling to side-step Obamacare?

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- 2MINUTESTOMIDNIGHT
  Posted on October 23, 2012 at 5:23pm
  Monk, based on your avatar, you’ve been looking a little pale lately. Have you been feeling ok?
  
  Report this comment
- The-Monk
  Posted on October 23, 2012 at 7:43pm
  Hi 2MINUTESTOMIDNIGHT,
  
  Huh? Would you prefer Debra Harry of Blondie singing 11:59?
  
  http://www.youtube.com/watch?v=3A62VPyfRrY
  
  You know…. 1 minute till midnight….. : )
  
  Report this comment
HKS
Posted on October 23, 2012 at 4:44pm
Abortions have something to do with woman’s health?

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- Rothbardian_in_the_Cleve
  Posted on October 23, 2012 at 4:56pm
  Is women’s health somehow better/more important than men’s health?
  
  Should those skanks pay for my prostate exam?
  
  Report this comment
- CapitalismCzar
  Posted on October 23, 2012 at 4:56pm
  Didn’t you know that pregnancy was a disease.
  
  Report this comment
skippy6
Posted on October 23, 2012 at 4:44pm
Tenth amendment is dead!!! Soon the 2nd will be gone so stock up now!!

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- neverending
  Posted on October 23, 2012 at 5:07pm
  The tenth, then the second and on and on it goes. They are all slipping away.
  
  Report this comment
cessna152
Posted on October 23, 2012 at 4:43pm
Okay, let me get this straight. Tax dollars that are to be used for roads, schools and other public functions can be controlled by the state. However, a “private” company getting taxpayer money for abortions and condoms can not be limited or taken away? The government can screw me out of the money I put into SS and medicare, but Planned parenthood can continue to get theirs?

Time for a system reset… this country has gone over the edge.

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- thegreatcarnac
  Posted on October 23, 2012 at 4:49pm
  Absolutely. I see a revolution in our future. It will be about time.
  
  Report this comment
MrKnowItAll
Posted on October 23, 2012 at 4:42pm
It’s the Last hope for Judges to cover getting Little Girls knocked up.

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BatesclanMary
Posted on October 23, 2012 at 4:39pm
so sad that our states have no rights

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Angel_light
Posted on October 23, 2012 at 4:38pm
this is not OK. taxpayers should have a say as to where their tax dollars go. But no, these morons want to take your taxes and put it where they think it is good. forcing people to pay for someone else’s birth control is WRONG!!!!! pay for it yourself!!! it’s not that difficult. either pay for it yourself (if you need it to regulate your monthly or to just prevent pregnancy) or don’t open your legs. that’s all there is to it. really people? get off your high horse and put your noses down; you are not anything special to have something like this be handed to you.

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hi
Posted on October 23, 2012 at 4:38pm
That is so maddening. I just can’t another 4 years of Obama. He’s gotta go. My tax dollars should not pay for abortions. My tax dollars should not provide for women’s health either for those that will say Premeditated Murder has medical care for women.

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Rothbardian_in_the_Cleve
Posted on October 23, 2012 at 4:37pm
Ok, can we start talking about secession now our do y’all still want some more of this?

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- Mil-Dot
  Posted on October 23, 2012 at 4:40pm
  Roth. You know me. You know I am with you. Sorry if you might not want my company. There will be no coexisting with these animals and baby killers.
  
  Report this comment
- Rothbardian_in_the_Cleve
  Posted on October 23, 2012 at 4:49pm
  I got you mil. Wouldn’t think twice about sharing a hastily made fighting position with you. Make our range cards and the challenge-password is Liberty-Tyranny.
  
  Godspeed my friend.
  
  Report this comment
Gary_K
Posted on October 23, 2012 at 4:37pm
” The ACLU said the appeals court decision was a victory, above all, for women. ”

Yah, killing babies is a real victory.

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- Popp40
  Posted on October 23, 2012 at 4:44pm
  So is it a victory for the female babies that are aborted?
  
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- Angel_light
  Posted on October 23, 2012 at 4:45pm
  but yet the women that want abortions are so stupid to think that the baby is their body and it is NOT!! a baby is a whole other human being that has been created and has the right to live. but the dems will just say it’s not a life until it “looks” like a baby but they don’t stop there, not when they are willing to kill a baby AFTER it is born they call it a “late term abortion”- talk about 100% EVIL. I can’t believe they would actually say a baby is a “punishment”. It’s shameful and they just don’t care.
  
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- Gary_K
  Posted on October 23, 2012 at 5:04pm
  Angel_light
  
  Sick sob’s arn’t they.
  
  Report this comment
- drs1969
  Posted on October 23, 2012 at 11:56pm
  When it comes to killing Gentile babies, it’s a victory for the ACL-Jew!
  
  Report this comment
RaydocX
Posted on October 23, 2012 at 4:36pm
politics before women’s health?
the court is aware that women die each year having abortions?
they are aware that PP does not perform mammograms?

Let Soros or the women moguls of Vogue, Cosmo et al pony up their donations to fund this if they want it to continue to exist as it is. If they want to continue to use tax payer money including funds from those opposed to abortion, they can choose not to offer the option.

and i say that as a believer that while abhorrent, it is a woman’s choice… just not a choice i want any part of funding.

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Mil-Dot
Posted on October 23, 2012 at 4:33pm
Can somebody tell me what good it is to have a legislature and elected representatives if they are not allowed by courts to actually do the people’s bidding? There must come a time when we just say no the activist courts and call their bluffs. Just what are they going to do about it if we say no? Send in troops? Then send them in.

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- Sonicviewlover
  Posted on October 23, 2012 at 4:47pm
  I agree. Send in the troops. Us, Gun Carrying Christians, will take out any forces that come our way. And the great thing about it is, they will not know how or why the forces that are trying to kill the Constitution, the supreme law of the republic, are dying in droves! Indiana will be a battle state if $hit hits the fan. I hope and pray everyday it does not come to this, but I am ready to sound the horn of Freedom!
  
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- drs1969
  Posted on October 24, 2012 at 12:01am
  If states would refuse Federal Aid, they would be able to stand against the tyranny, somewhat.
  
  Report this comment
Cavallo
Posted on October 23, 2012 at 4:32pm
So they can continue to murder black babies in a disproportionate number. Your tax dollars fund that with the nod of the State. Margaret Sanger would be so honored and proud.

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- Mil-Dot
  Posted on October 23, 2012 at 4:38pm
  I hear what you are saying Cav, but it is the young “potential” mothers that are choosing to kill their unborn children, not planned parenthood. If there was no market for their services, they would not exist. Did you see that photo of the gal leaning over and shouting like a psychopath. Like all she wants to do is make sure unfettered killing of babies is allowed. That is the type of sickos we are up against people. There will be no “coming together” with them. There must be battle.
  
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- Popp40
  Posted on October 23, 2012 at 4:42pm
  You know if black people would research the true history of Planned Parenthood they would see that it was set up as a means to control them and their population. Margaret Sanger actually spoke to the KKK over 11 times and they supported her.
  
  While they are at it they should research the Democratic Party and they would see that democrats are indeed the party of slavery and discrimmination. They will also see that the KKK was created by the democrats and served as the enforicing group of their policies.
  
  Now I’m sure some little liberal will jump up and say I’m wrong…..but do your research and you will see just who was truly against the Civil Rights both in the 1890s and then again in the 1960s. It sure wasn’t the Republicans because they voted for the passage of those laws.
  
  Report this comment

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