FEDERAL COURT UPHOLDS OHIO LAW BARRING STATE AGENCIES FROM FUNDING PLANNED PAREN

Started by Solar, March 13, 2019, 06:41:34 AM

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Solar

I hate these abortion threads, but this ruling is extremely important moving forward.


A federal court upheld an Ohio law barring state agencies from funding abortion organizations Tuesday, ruling that abortion providers don't have a constitutional right to perform abortions.

The United State Court of Appeals for the 6th Circuit ruled Tuesday in Planned Parenthood of Greater Ohio et al. v. Hodges to place a permanent injunction on state funds going to support Planned Parenthood.

The ruling upheld a 2016 state law barring its health department from funding organizations that perform, promote, or contract with affiliates that perform or promote non-therapeutic abortions. The court also wrote in its decision that Planned Parenthood doesn't have a constitutional right to perform abortions.

The court found that while Ohio cannot condition a benefit that requires recipients to sacrifice their constitutional rights, "that condition does not violate the Constitution because the affiliates do not have a due process right to perform abortions," the decision reads. "The Supreme Court has never identified a freestanding right to perform abortions," the ruling also states.

Tuesday's decision comes after two Planned Parenthood affiliates sued Ohio over its law barring public funds from supporting the abortion organization, arguing that the law violates the First and Fourteenth Amendments and the Due Process Clause by requiring Planned Parenthood to give up their right to provide abortions in order to receive funding. Planned Parenthood claimed the law indirectly achieved what the state could not directly prohibit.

https://dailycaller.com/2019/03/12/court-ohio-funding-ban-planned-parenthood/
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walkstall

It's a start.  The 6th Circuit ruled, we all know it will get pushed up to the USSC.  It would be nice if the SC would let the 6th ruling stand and not take it on.   
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Solar

Quote from: walkstall on March 13, 2019, 07:37:36 AM
It's a start.  The 6th Circuit ruled, we all know it will get pushed up to the USSC.  It would be nice if the SC would let the 6th ruling stand and not take it on.
SCOTUS will have no other option because the argument is based on the Constitution itself.
However, we can count on the leftist Roberts to create a work around of some form or another.
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Bronx

Quote from: Solar on March 13, 2019, 09:23:00 AM
SCOTUS will have no other option because the argument is based on the Constitution itself.
However, we can count on the leftist Roberts to create a work around of some form or another.

Yes sir....Roberts scares the crap out of me on issues like this...he loves to make law instead of ruling on law.
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Solar

Quote from: Bronx on March 13, 2019, 10:51:49 AM
Yes sir....Roberts scares the crap out of me on issues like this...he loves to make law instead of ruling on law.
Yeah, a Bush appointee. So much for strict Constructionists...
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supsalemgr

Quote from: Solar on March 13, 2019, 11:13:40 AM
Yeah, a Bush appointee. So much for strict Constructionists...

Yep. Until Trump gets another appointment I will be nervous about Roberts.
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