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JUDGE TO DECIDE ON PLANNED PARENTHOOD V. TEXAS LAW ON MONDAY -- 12.28.12

[12.28.12 -- If visiting Judge Gary Harger decides to grant Planned Parenthood a restraining order to keep them from being kicked out of the Women’s Health Program, Texas Attorney General Greg Abbott will appeal the decision to a higher court.  

 

Hopefully, Judge Harger will allow Texas to follow the duly-approved legislation that gives Planned Parenthood a choice just like every other organization.  If they wanted to be a part of the Women’s Health Program, all they had to do was to quit offering abortions.  It was Planned Parenthood’s choice to keep on killing the unborn, and that makes the organization ineligible for Texas’ Women’s Health Program.

 

Texas is set to launch its own state-run, state-financed Women’s Health Program on Jan. 1; and Texas will be able to offer women safer healthcare WITHOUT using our tax dollars to pay for women’s abortions.  “Thank you, Texas Legislature, Gov. Rick Perry, and TAG Greg Abbott.” – Donna Garner]

 

http://www.statesman.com/news/news/state-regional/planned-parenthoo...

 

Posted: 1:25 p.m. Friday, Dec. 28, 2012

 

 

CONTINUING COVERAGE: WOMEN’S HEALTH PROGRAM

Judge: Planned Parenthood decision coming Monday

By Chuck Lindell

American-Statesman Staff

 

 

A judge will decide Monday whether to grant Planned Parenthood’s request for a restraining order barring Texas from kicking the organization out of the Women’s Health Program.

 

 

After a 90-minute hearing Friday in Travis County district court, visiting Judge Gary Harger said he needed the weekend to research issues raised by Planned Parenthood and lawyers for state Attorney General Greg Abbott.

 

 

Texas officials have spent almost all of 2012 trying to remove Planned Parenthood from the program, which provides contraceptives and preventive health care such as cancer screenings to about 115,000 low-income women each year.

 

 

Gov. Rick Perry and other Republican leaders object to the organization’s vocal advocacy for abortion rights. Planned Parenthood also is the nation’s leading provider of abortions, though none of the organization’s clinics that participate in the Women’s Health Program offer the procedure.

 

 

To date, multiple lawsuits from Planned Parenthood have allowed the organization to remain in the program.

 

 

The latest lawsuit, filed two weeks ago, seeks a temporary restraining order requiring Planned Parenthood to continue in the program when Texas launches a state-run, state-financed Women’s Health Program on Jan. 1, replacing a six-year-old program by the same name that received 90 percent of its money from the federal government.

 

 

The change was necessary because federal officials, declaring that state efforts to bar Planned Parenthood violated U.S. law governing Medicaid spending, will cut off federal money on New Year’s Eve — the day Harger plans to issue his ruling.

 

 

Texas plans to launch its state-financed program Jan. 1 without Planned Parenthood, which serves about 48,000 women each year, more by far than any other provider.

 

 

In Friday’s hearing, a lawyer for Planned Parenthood asked Harger to issue a restraining order barring Texas from excluding Planned Parenthood and from shutting down the Women’s Health Program if the organization prevails in court.

 

 

State law did not give Texas health officials the authority to ban the group, lawyer Pete Schenkkan argued, adding that Perry and other GOP officials are wrong when they insist that Texas law gives them no option but to cancel the entire program if a court orders Planned Parenthood’s continued inclusion.

 

 

“State agencies do not have the power to change statutes, nor to ignore statutes. Only the Legislature can,” Schenkkan said.

 

The order sought by Planned Parenthood would last until a Jan. 11 hearing to examine the arguments in detail.

 

 

A lawyer for Texas, however, warned Harger that Abbott will appeal if the judge grants a restraining order. Such orders are intended to preserve the status quo, lawyer Kristofer Monson argued, but the Texas-run program is a new initiative that will begin without Planned Parenthood as a participant.

 

“You can’t get a temporary restraining order to change your legal status, to get into a program they are currently excluded from,” Monson said.

 

 

Donna Garner

Wgarner1@hot.rr.com

 

 

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Comment by Darwin Rockantansky on January 7, 2013 at 7:58am

Billy Bowlegs: The 16th Amendment to the Constitution?

Comment by John Brunner on December 29, 2012 at 7:41pm

Has any responsible (:-)) survey been made in Texas or anywhere else in the USofA re the Right of a pregnant female to make the choice yea or nay abortion? Whatever, Federal Law permits it.

 

Comment by Clarence E. DeBarrows on December 29, 2012 at 4:19pm

John Brunner:  I commend you on your forthright thinking.  Well and intelligently said!

Comment by Darwin Rockantansky on December 29, 2012 at 12:46pm

Barbara Ott: You are right on every point and I apologize for over emphasizing the obvious. 

We The People earn our dollars the hard way; by honest labor. Our government taxes our labor, supposedly for the common good. HOWEVER COMMA it is We The People who should have the ultimate role in deciding how our tax dollars are spent. The nature of a Republic allows for all flavors and that is the way it should be.

Comment by Barbara Ott on December 29, 2012 at 11:43am

Yes, religion may be part of this issue, but to me the greater issue is the use of taxpayer money for a procedure that the majority of Texans do not want to be paid for by their tax monies.  Planned Parenthood can still operate clinics, but just not with tax money.  PP makes plenty of money on their fund raising efforts to cover all the abortions they want to perform.  Texas is offering to provide "women's health clinics" to cover all services EXCEPT abortions.  Women wanting an abortion will still be free to go to PP for one.  Cut out the crap about 'back alley and kitchen table" abortions.

Comment by John Brunner on December 29, 2012 at 10:57am

Unfortunately the whole issue is clouded by Religion. Planned Parenthood does Not "push abortion" although it does offer safe ones to those women who have no other option. It, and this is key - is Far more focused on preventing the need for abortion and seeing to it that those women having children, or not wishing to have them, have safe and inexpensive care (the two are Not usually found together. )

But there is a bigger issue here. Two in fact. Objections to abortion come primarily from those with strong religious feelings. By their objections they are Forcing Their Own Religious Beliefs on someone else. This is against the Constitution in case you were unaware of the fact. "Freedom of Religion" also means "Freedom from someone else's religion." The second issue is that no one has the right to tell a woman what she can and cannot do with her body. Except in very rare cases no woman chooses abortion as "the easy way out." And what about rape? Would you like to go through the pain, expense, etc of raising a child you were forced to have becasue some idiot male raped you?  Think about it. Are you willing to take the child/children after they  are born and give them a decent upbringing in your own home?  If you answer yes then set up a foundation to offer that as an alternative.

Comment by Jimmy Hight on December 29, 2012 at 10:48am

Abortion is the taking of a life but in the situation where the mother is at risk then it SHOULD be the Mothers decision and I believe nobody would disagree with this. Abortion, porn, gay marriage, filth on tv, God removed from anywhere and everywhere as well as the break down of the family and they want you to believe it's for women that they fight for abortion, How stupid is that?

Comment by Darwin Rockantansky on December 29, 2012 at 9:36am

A woman's Right to choose should not be a matter for any government to be involved in. It should remain between her and her God and no one else.  If the people of Texas choose not to spend their tax dollars in any particular direction, whether that be to advance Planned Parenthood or to study the sex life of piss-ants in Mexico then there should be no question as to their right to control how their tax dollars are spent.

Anti Right To Choose legislation is like anti gun legislation; great for political theater and not much else. In the final analysis, the rich will continue to go next door to neighboring countries or overseas where the governments stay out of such things and the poor will return to the back alley and kitchen table abortions that have an equal chance of ending the lives of the mothers as well as that of the fetus.

And we will all feel good and righteous as these poor and desperate women die in the back alleys of this country. After all, gun control laws have been so effective in ending gun violence.

Comment by Darrell Russell on December 29, 2012 at 8:59am

Let's hope that Texas will pervail in the courts. It seems that a good law is pased with the concent of the people and it is struck down in the court. Let a bad law pass being shoved down the throts of the people and the court upholds it (Obama Care). What is wrong with this senario?

Comment by Tom Kaz on December 29, 2012 at 8:53am
Planned parenthood makes its biggest money by murdering unborn babies. They'll fight tooth and nail for that gravy train

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