A federal judge has permanently blocked Arizona from cutting off funds to Planned Parenthood solely because the organization also performs abortions.
In an 11-page ruling, Judge Neil Wake said legislation approved last year violates federal laws which say that those enrolled in the Medicaid program are entitled to get their services from any qualified medical provider.
He said there was no evidence presented that Planned Parenthood is not qualified to offer family planning services. Instead, Wake said, the law is simply an attempt by legislators to prevent Planned Parenthood from getting any federal or state funds, no matter for what they are used.
Wake's ruling is no surprise.
In October he had blocked the state from enforcing the law while the issue was being litigated. Wake said he has seen nothing since which convinces him the state can do what it wants.
Attorneys for the state already are asking the 9th U.S. Circuit Court of Appeals to overturn that preliminary injunction. Wake's new ruling is likely to also end up before the same court.
Both Arizona and federal laws already bar the use of public funds for abortions that are not medically necessary.
But the state, as part of its participation in the federal Medicaid program, provides family planning services for needy women. The federal government pays 90 percent, with the state covering the balance.
Medicaid law also permits eligible women to choose from any qualified provider. And that has included Planned Parenthood.
Last year, though, lawmakers added a provision to the law to decide that any organization that also provides abortions cannot be a "qualified provider.'' Wake, in his new ruling, said the state cannot do that.
"The Arizona act violates the freedom of choice provision of the Medicaid Act precisely because (ITALICS) every (ROMAN) Medicaid beneficiary has the right to select (ITALICS) any qualified health care provider,'' the judge wrote.
He specifically rejected the state's argument that lawmakers can unilaterally decide who is qualified -- and conclude that abortion providers are not qualified. Wake said the law "unambiguously refers to the provider's fitness to render the medical services required,'' not anything beyond that.
Rep. Justin Olson, R-Mesa, who sponsored the legislation, said the law is needed to prevent indirect government subsidies of abortions. He argued that if the government gives money to help Planned Parenthood pay for its other expenses like family planning, that frees up those funds for abortions.
That is the theme of the state's existing appeal to the 9th Circuit.
Steven Aden, an attorney with the privately funded Alliance Defending Freedom that is helping the state defend the law, said blocking the law "would frustrate the public's interest, expressed through its elected representatives, in ensuring that taxpayer dollars do not directly or indirectly support abortions.''
Aden also is arguing the state has sovereign rights in determining who can participate in the Arizona Health Care Cost Containment System, the state's Medicaid program. He said it is irrelevant that most of the funds for the program come from the federal government.
Leon Ceniceros posted at 10:02 am on Tue, Feb 12, 2013.
Governor Brewer.....don't let some Federal Judge have that last say.....that's what the Appelate and Supreme Court is for............take it all the way.
The People of Arizona are sick and tired of President Obama and his Democrat...."Socialism"..........this is America........not Cuba....not Venezuela or Russia.
6thgenarizonian posted at 3:44 pm on Tue, Feb 12, 2013.
Sure Leon, So you want to take it all the way just to have the same outcome and waste taxpayers money to fight this? Do you think Aden is "helping" to state defend this. Do you know any lawyer that will work for free? I wonder how many abortions would be payed for at the cost of this appeal. Cause we are talking about money right?
Accuracy posted at 11:03 am on Wed, Feb 13, 2013.
Planned Parenthood Arizona sued the state of Arizona in an effort to overturn a law that blocks funding for its health clinics because the organization also performs abortions.
Federal Judge Neil Wake's ruling defeated the hopes and the will of Arizona taxpayers to stop funding big abortion businesses such as Planned Parenthood, the nation’s largest abortion provider.
Taxpayers money. A federal appeals court recently struck down a similar law in Indiana.
But there have been pro-life victories during Gov. Jan Brewer’s tenure – including; banning partial-birth abortion, strengthening parental consent laws, and requiring an ultrasound before undergoing an abortion.
samkat posted at 5:28 pm on Wed, Feb 13, 2013.
Maybe yours accuracy but not those of us who are more rational on the subject. You want to talk about taxpayers money. How about the money the right sucks out of our coffers to support your quasi religious charter schools? How about eliminating the tax deduction for having children? This is also a drain on our tax revenues. Nobody should be paid to have children.
Max in Scottsdale posted at 2:52 am on Thu, Feb 14, 2013.
Hey Leon and the GOP supporters, So you want the state to spend OUR money (it will cost millions) to continue the fight that allows the government to tell women what they can or cannot do with their own bodies. I thought less government intervention into the personal lives of people was a GOP platform? But the GOP has forced more unnecessary, expensive and invasive medical procedures on these women and turned a personal matter, difficult as it was already was, into one more extremely difficult. If you don't think this procedure is already traumatizing for women you are heartless. This is an abusive, religion created policy that has no place in this United States.
Believe in what you want but don't force your religious beliefs on everybody. This is called The Separation of Church and State.
Accuracy posted at 12:22 pm on Thu, Feb 14, 2013.
Max in Scottsdale posted: “This is an abusive, religion created policy ….”
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Quite the contrary – The audacity of President Obama's birth control coverage mandate is a direct attack on religious liberty. Furthermore, ObamaCare will roll out as written in the 2,572-page health care law, and will have a life-altering impact on every American's health care.