US

Judge Blocks Kansas Law Defunding Planned Parenthood

WICHITA, Kan. (The Blaze/AP) — A federal judge on Monday temporarily blocked implementation of a new Kansas law that would strip federal family planning funding from the state’s Planned Parenthood chapter, dealing Republican lawmakers their second major legal setback to their recent moves against abortion providers.

U.S. District Judge J. Thomas Marten ordered the state to immediately resume funding for Planned Parenthood, agreeing with Planned Parenthood that without the injunction the group would suffer irreparable harm while its challenge to the law works its way through the courts.

Planned Parenthood said it would be forced to close its clinic in the western Kansas city of Hays unless the court immediately prohibited the state from stripping it of $330,000 in federal Title X annual funding. It contended that its 5,700 patients would also face higher costs and have less access to services and longer wait or travel times for appointments.

The group is suing to block a budget provision that requires federal family planning dollars granted to the state by the federal government to go first to public health departments and hospitals. It leaves no money for Planned Parenthood and similar groups.

The Title X funding at issue targets low income individuals and helps pay for reproductive health care services such as contraception, cancer screenings and testing for sexually transmitted diseases.

The state contends that the injunction was unnecessary because other entities could provide the same services that Planned Parenthood offers in Sedgwick and Ellis counties.

Monday’s hearing was the first legal test of the statute. Planned Parenthood is challenging its constitutionality based on the Supremacy Clause, which prohibits states from imposing conditions of eligibility on federal programs that are not required by federal law.

Kansas has defended the statute as a matter of state sovereignty, arguing that an injunction would unconstitutionally replace the state‘s discretion with the court’s judgment.

Planned Parenthood offers abortion services in Kansas only at its clinic in Overland Park, a Kansas City suburb, but it also has clinics in Wichita and Hays.

Marten’s order is the second setback for the state on the abortion issue this summer. A federal judge in Kansas City, Kan., in July issued a temporary injunction against new licensing rules for abortion providers that tell providers what drugs and equipment they must stock and set requirements for room sizes and temperatures, among other things. But the judge blocked their enforcement until a lawsuit over the rules is resolved.

Comments (102)

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  • tommy_pete
    Posted on August 1, 2011 at 3:29pm

    So if you once received a Federal subsidy, you are thereby JUDICIALLY ENTITLED to it now?? Sign me up for that. I once received a government rebate. NOW I want to keep getting it.

    Report Post » tommy_pete  
    • PatriotDaze
      Posted on August 1, 2011 at 3:55pm

      In that case T_P, you should buy yourself an oil company.

      Report Post » PatriotDaze  
    • HisNameWasRobertPaulson
      Posted on August 1, 2011 at 4:37pm

      @PatriotDaze – could you point us to that mythical government rebate or subsidy for oil companies? You guys keep talking about it, but no one seems to be able to find it. It’s like the loch ness monster.

      Report Post »  
    • Jaycen
      Posted on August 1, 2011 at 4:46pm

      List a single subsidy Oil Companies get. Please.

      Report Post » Jaycen  
    • jhaydeng
      Posted on August 1, 2011 at 6:02pm

      Keep your legs……..nevermind…….waste of comment!

      Report Post »  
    • loriann12
      Posted on August 1, 2011 at 6:27pm

      If oil companies got subsidies, there would not be a moritorium on drilling….unless they get money to NOT drill.

      Report Post »  
    • naed5048
      Posted on August 1, 2011 at 6:29pm

      Sure why shouldn’t the gov. support planned parent hood? To get rid of all the undesireables in sociaty.including blacks browns reds yellows. Thats the chose of the democrats who support it, and the undesirables support the demos so who are we to go against eliminating your own race…….
      now,,, does that make sence?

      Report Post »  
    • old white guy
      Posted on August 1, 2011 at 6:50pm

      this a case where the government should just say no to the judge. if he continues to try and usurp the government elected by the people then the people should remove him from office.

      Report Post »  
    • Caniac Steve
      Posted on August 1, 2011 at 7:14pm

      too bad congress didn’t give we, the people that bail out stimulis..we could have done a better job than those who actually got it…too bad we can’t fire all 535 members of both houses of congress for screwing we,the people..yet again..

      Report Post » Caniac Steve  
    • Restoreamericanow
      Posted on August 1, 2011 at 10:32pm

      “What would NObama do” !? Simply ignore the judge’s order. Hey, it works for him so now it can work for “We The People” who pay the government to pay Planned “Abortion”!!

      Report Post » Restoreamericanow  
    • Curioso
      Posted on August 2, 2011 at 7:59pm

      And what is the Judge going to do if they have an error in the payment and instead of a payment they bill planned parent hood and then forclose on them and go destroy their building because of non payment would be tied up in court for years. How about they make some accounting errors mark all payment as paid without actually paying. Or how about delaying the payment because of accounting errors. Or how about not paying and if the judge gets a judgment against them they still don’t have to pay it.

      Report Post »  
  • DallyWama
    Posted on August 1, 2011 at 3:25pm

    The state should just refuse to comply with order. The judge erred in his ruling because federal funds are different from state funds. Let the high court take the docket.

    Report Post »  
    • Conservitive and Proud
      Posted on August 1, 2011 at 3:49pm

      You are right, the Obama regime has done this with two court orders about Obama care, why not just tell the activist judge to ABORT

      Report Post »  
    • rodamaa
      Posted on August 1, 2011 at 7:45pm

      YES!! I have been saying this for a while. Obama regime has ignored the courts on ObamaCare, on lifting the moratorium on drilling on Gulf. The are now going after Alabama’s emigration laws after losing to Arizona. In a Republic the laws must be obey by all or they means nothing at all. The very guardians of our Laws make a mockery of them all the time. So I say to Kansas to respectfully give the court the finger. Judicial activism has no place where the sovereignty of the state is concerned.

      Report Post »  
  • MidWestMom
    Posted on August 1, 2011 at 3:22pm

    “The heart of Planned Parenthood is in the local community. Our 83 unique, locally governed affiliates nationwide operate more than 800 health centers, which reflect the diverse needs of their communities.” – Planned Parenthood website
    Key Words Here: Locally Governed

    “The group is suing to block a budget provision that requires federal family planning dollars granted to the state by the federal government to go first to public health departments and hospitals. It leaves no money for Planned Parenthood and similar groups.”
    Key Words Here: State budget (local government)

    “Kansas has defended the statute as a matter of state sovereignty,”
    Key Words Here: State sovereignty (local government)

    So Planned Parenthood (a private organization) feels they should automatically get State funding?
    Don’t private organizations of any kind have to apply for state funding? And I‘m sure they don’t all get the dollars they want.

    The results will be interesting…. If I understand the situation correctly, this will boil down to another case of when can the Federal Government dictate State Goverment? Something we have far too much of.

    Report Post »  
    • Truthbeliever2
      Posted on August 1, 2011 at 5:41pm

      If it is a private organization then it does not need tax payer $ to operate. They can stay in business with the money they make privately.

      Planned Parenthood LOL. What a name if these maggots planned for parenthood they would not need a place to murder all of the unborn.

      The people who attend these clinics are the lowest form of humanity. A bunch of useless
      ANIMALS that society feels it should take care of.
      How wonderful and clean the world would be without this HUMAN TRASH!!!

      @ Planned parenthood attendees
      Run yourselves a nice warm bath, break out the razor, and do all us a favor.
      Please leave the planet.

      Report Post » Truthbeliever2  
    • loriann12
      Posted on August 1, 2011 at 6:30pm

      I guess it‘s proof that medicaid doesn’t reimburse well enough for a private business to stay in business. If Obama gets his way, and everyone is funneled into government health care, all the hospitals will either have to be subsidized or go out of business, too. Can you say Cloward and Piven?

      Report Post »  
    • TruthDarts
      Posted on August 2, 2011 at 4:17am

      MEDICARE, MEDICAID of course they don’t pay the WHOLE & True amount for service!

      They pay 70-86% (depending on the service, etc.)

      WHO PAYS THE REST?

      ANY ONE WITH INSURANCE…

      that’s right…
      YOU
      THAT PAYS FOR HEALTH INSURANCE…
      Hospitals, etc…have been billing YOU
      @ 115-120% to make up for
      MEDICAID & MEDICARE…

      Why do you think a box of Kleenex is $15.00
      in the hospital.
      Gotta pay for all those people with their hand out.

      Report Post » TruthDarts  
  • code green
    Posted on August 1, 2011 at 3:18pm

    State sovereignty my wrinkled old white butt. Taint such a thing any more. It is time to take our country back from Marxist Socialists,and radical revolutionary communists .
    First step is to get your all friends and family to vote these paper hanging ba&tards out.

    Better dead than red

    Report Post »  
    • bruce_baker
      Posted on August 1, 2011 at 3:48pm

      “Better dead than red”? No! Better “Red, White and Blue and alive!”.

      They told me in basic training: “It’s not your job to die for your country. It’s your job to make the other guy die for HIS country. We want you to live!”

      I would argue that we can’t let the bastards kill us and win. We must make them “die” in the minds of far too many Americans who give them a “life” there. Remember, we have the truth on our side. That’s a very powerful weapon.

      Report Post » bruce_baker  
  • carbonyes
    Posted on August 1, 2011 at 3:16pm

    Ps. Least anyone has forgotten, while a state senator in Illinois, Obama twice voted for a law which would have unborn babies from botched abortions be left to die.

    Report Post »  
  • carbonyes
    Posted on August 1, 2011 at 3:13pm

    Obama’s bin Lyin. He’s also been appointing a host of liberal federal judges in the District and Appellate Courts, who support abortions and all the other gay adoption and gay marriage crap. yes it is unadulterated crap. one of the prime reasons Obama must be dispatched, in the 2012 elections. We absolutely can not permit Obama to appoint any more liberal Supreme Court or lesser court judges beyond 2012
    A little education for the uninformed, the corporate giants, which profoundly do not include small businesses, gave substantially more to the election coffers of Obama then to those of McCain and they are presently and will be doing it again. Why? Because they benefit immensely by regulations, such as those provisions in the Dodd-Frank bill, which is enabling Wall Street bankers to rape the American people in cahoots with the Federal Reserve. Ask Jeffrey Immelt how well he loves Obama and all the green jobs Obama has parleyed dear Jeffreys way. In addition, these lovely people are big contributors to Planned Parenthood. Obama must go!

    Report Post »  
  • Steel Awesome
    Posted on August 1, 2011 at 3:13pm

    Sounds like an arrest is in order for this judge.

    Report Post » Steel Awesome  
  • jocko
    Posted on August 1, 2011 at 3:06pm

    Kansas needs to tell this federal legislator that they are invoking the 10th amendment and go ahead with their own laws.

    So sick of these legislative judges demanding that we follow their agenda instead of the Constitution. The PP is a multibillion org that can carry their own killing clinics although that might cut down some on the judges and congressional payoffs.

    Report Post » jocko  
    • TruthDarts
      Posted on August 2, 2011 at 4:22am

      Ahhh, but GEORGE SOROS has deep pockets.

      &
      There is many a deep-pocketed biz man that is S-C-A-R-E-D of Obozo.

      Report Post » TruthDarts  
  • fliteking
    Posted on August 1, 2011 at 3:00pm

    Judges reverse the peoples decisions all day every day and we sit on our hands like stooges.

    Report Post » fliteking  
    • dietrdeb
      Posted on August 1, 2011 at 3:07pm

      If I were Kansas I would tell that judge, “Make Me!”

      Report Post »  
  • J.C. McGlynn
    Posted on August 1, 2011 at 2:59pm

    How come the only form of birth control not recommended by Planned Parenthood is abstinence?

    Report Post » J.C. McGlynn  
  • fliteking
    Posted on August 1, 2011 at 2:58pm

    At some point soon this type of political legislation by judges needs to stop.

    Report Post » fliteking  
    • HKS
      Posted on August 1, 2011 at 3:12pm

      They think they are god and they want to kill babies.

      Report Post » HKS  
  • MBA
    Posted on August 1, 2011 at 2:58pm

    And just where in the Constitution does it say this country has to fund planned parenthood? Enough of this welfare entitlement b s. The Red Cross is chartered by law to exist without any tax funding. If the Red Cross can exist through donations and fund drives so can all the other social welfare agencies. The people of this country will donate given the opportunity–we don‘t have to run this government into the ground for illegals and the lazy poor who won’t use a condom.

    Report Post »  
  • duane38637
    Posted on August 1, 2011 at 2:56pm

    Why dont our congress do something about this pass a bill stating that NO single judge can over ride a state voted in bill thats like saying why should I vote for a represenative that promises his beliefs just to have them knocked down by a leftwing judge! This stupid law gives the judge more power then the state legislator or Gov

    Report Post »  
  • standpat
    Posted on August 1, 2011 at 2:56pm

    and Kansas claims to be conservative…. welll better get back tp work there are people who need my money….

    Report Post » standpat  
  • SpankDaMonkey
    Posted on August 1, 2011 at 2:54pm

    .
    How do you block a judge with an agenda?…….Sit back and wait for natural causes?…….

    Report Post » SpankDaMonkey  
  • caexpat
    Posted on August 1, 2011 at 2:53pm

    And the will of the people? Matters any more

    Report Post » caexpat  
  • Snowleopard {gallery of cat folks}
    Posted on August 1, 2011 at 2:53pm

    Here we go once again with the bleeding hearted socialist progressive judges advancing the agenda of the administration. http://artinphoenix.com/gallery/grimm (cat folk gallery)

    Report Post » Snowleopard {gallery of cat folks}  
  • psst
    Posted on August 1, 2011 at 2:52pm

    Hmm. Guess this marxist Judge did not hear his hero Soetoro saying ALL Must share the sacrifice.
    Mebbe most of these folks who visits PP-HOOD should pay to have their babies killed.
    The babies seems to be doing nearly ALL the sacrifice in these instances.
    Though US taxpayers are footing the bill.
    Reminds me of that perverted Limey female judge w/ that dead white Possum on her head who said she understood the needs of the perv to get it on w/ extremely young chirrens.

    Report Post »  
  • V-MAN MACE
    Posted on August 1, 2011 at 2:51pm

    Tyranny!

    Planned Parenthood is Planned Genocide!

    Report Post » V-MAN MACE  
  • Julie2010
    Posted on August 1, 2011 at 2:46pm

    “It contended that its 5,700 patients would also face higher costs and have less access to services and longer wait or travel times for appointments. ”

    Gee, just like the rest of us dealing with Obamacare.

    This judge

    Report Post »  
  • svan71
    Posted on August 1, 2011 at 2:44pm

    Starting to see a trend with these federal judges on gay marriage and abortion arent we.

    Report Post » svan71  
    • knockered
      Posted on August 1, 2011 at 2:52pm

      When is it to be if you can’t afford to have children, you can’t have them. Just look in the underdeveloped countrries how all those poor children suffer because their parents are poor and ignorent. Sure it your given right to bare children but a little common sense would go a long way to stop the misery and burden this all costs…

      Report Post »  
    • BIGJAYINPA
      Posted on August 1, 2011 at 2:54pm

      Ah yes, Here we go again. If the WILL OF THE PEOPLE does not agree with the whims of the Progressives (they are so much smarter and better than the great unwashed of the masses, by the way) Then an unelected, but so much more enlightened Judge must correct the malfunction. We must take back our country, people. The Progressives and their unelected judges will continue to ram their “enlightened” policies down our throats, for our own good, until we rise up and throw them out on their a**es or whatever else must be done to stop them once and for all…Just sayin’

      Report Post » BIGJAYINPA  
  • Son_of_Liberty
    Posted on August 1, 2011 at 2:42pm

    “To compel a man to furnish contributions of money for the propagation of opinions which he disbelieves and abhors, is sinful and tyrannical.” Thomas Jefferson

    3%

    Report Post » Son_of_Liberty  
  • Katydidnt
    Posted on August 1, 2011 at 2:40pm

    How comes people who thing the government should stay out of the bedroom, think they should be in Planned Parenthood?

    Report Post »  
    • Chet Hempstead
      Posted on August 1, 2011 at 4:31pm

      How come people who tried to scare folks into opposing health care reform by telling them “you won’t be able to choose your own doctor,” are now telling them “you can’t choose your own doctor?”

      Report Post »  
  • oriondma05
    Posted on August 1, 2011 at 2:36pm

    I have an idea. Keep Planned Parenthood open but make the people going there pay with their OWN money, not tax money. It really works well for me when I go to stores, or movies or any place offering goods & services in exchange for monetary compensation.

    Report Post » oriondma05  
  • smithclar3nc3
    Posted on August 1, 2011 at 2:33pm

    The next article should read “Judge Judge removed from federal court in Kansas and barred from returning to state”

    Report Post »  
    • I.Gaspar
      Posted on August 1, 2011 at 2:58pm

      I’ll second that!
      Our judicial system has become so corrupt with leftist activists that we are no longer guaranteed fairness at any level of government.
      This judge should lose his licence to practice law in any state.

      Report Post »  
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