Federal Judge Blocks Texas Rule Excluding Planned Parenthood from State-Funded Women’s Health Program

On Monday, April 30th, U.S. District Court Judge Lee Yeakel imposed a temporary injunction allowing Planned Parenthood health clinics in Texas to continue to provide services to women and be reimbursed by the state’s Women’s Health Program. Under new administrative rules adopted by the state, these clinics would have been excluded from participating in the program because they are affiliated with an organization that provides abortions and advocates for the continued legality of the procedure, the national Planned Parenthood Federation of America. The clinics themselves do not provide abortions.

Yeakel ruled on a preliminary basis that the rule was unconstitutional for infringing Planned Parenthood’s freedom of expression and association. He wrote, “By requiring plaintiffs to certify that they do not ‘promote’ elective abortions and that they do not ‘affiliate’ with entities that perform or promote elective abortions … Texas is reaching beyond the scope of the government program and penalizing plaintiffs for their protected conduct.”

A trial has been scheduled for May. State officials have warned that if the rule is struck down permanently, the Women’s Health Program may be cancelled entirely. Texas plans to appeal Yaekel’s ruling to the 5th Circuit Court of Appeals.