New Orleans, TX- On Friday, March 11, the U.S. Fifth Circuit Court of Appeals overruled and dissolved a lower court’s injunction against Rider 8 in the case Planned Parenthood vs. Eduardo J. Sanchez, Texas Commissioner of Health.
In August 2003, a federal district court issued a preliminary injunction in the case, allowing Planned Parenthood to receive more public funds despite Rider 8, a provision in the Texas General Appropriations Act of 2003, which restricted distribution of public funds to elective abortion providers.
"We are excited about this victory. It’s outrageous that Planned Parenthood thought it could force the taxpayers of Texas to pass laws giving them money," said Kelly Shackelford, Chief Counsel with Liberty Legal Institute.
Planned Parenthood organizations in Central Texas, Houston, North Texas, San Antonio, South Central Texas, West Texas and the Texas Capitol Region sued the state, demanding $13 million or else they will have to stop performing elective abortions. Texas law does not allow for federal and state funds to be used for abortion services. Therefore, as the law currently stands, Planned Parenthood would need to either cease providing abortion services or establish a separate legal entity to carry out abortions in order to receive public funding.
“Planned Parenthood has no right to force Texas taxpayers to support efforts to kill the unborn," Shackelford said.
In July 2003, Liberty Legal supported the state and filed a brief in support of the Texas law to prohibit federal and state funds to be used for abortion services.