Split 5th Circ. Says Texas Can Cut Planned Parenthood Funds

Law360 (November 23, 2020, 11:27 PM EST) -- An split en banc Fifth Circuit on Monday overruled a circuit panel and vacated a preliminary injunction blocking Texas from kicking Planned Parenthood out of the Medicaid program, holding that individual patients do not have a right to challenge the state's determination that their providers were not "qualified."

The 11-judge majority in the 105-page opinion also overruled a 2017 en banc circuit opinion that blocked Louisiana from banning funding for Planned Parenthood.

The majority opinion authored by Judge Priscilla R. Owen said the "dispositive" question before the circuit is if Medicaid patients have a right to challenge a state's determination that...

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