By Andrew DeMillo
Associated Press
LITTLE ROCK, Ark. (AP) — A federal appeals court panel ruled last week that Arkansas can block Medicaid funding to Planned Parenthood, two years after the state ended its contract with the group over videos secretly recorded by an anti-abortion group.
In a 2-1 ruling, an 8th U.S. Circuit Court of Appeals panel vacated preliminary injunctions a federal judge issued preventing the state from suspending any Medicaid payments for services rendered to patients from Planned Parenthood.
Republican Gov. Asa Hutchinson ended the state's Medicaid contract with the organization in 2015.
The court ruled the unnamed patients suing the state did not have the right to challenge the defunding decision. The panel did not directly address Arkansas' reason for terminating the contract.
The decision could potentially lead to a showdown before the U.S. Supreme Court over efforts by Arkansas and several other states to defund Planned Parenthood that have been blocked by other courts.
In a dissenting opinion to Wednesday's ruling, Judge Michael Melloy noted that several other federal courts have ruled the opposite way on defunding.
He said the patients have a right to challenge the end of Planned Parenthood's contract.
U.S. District Judge Kristine Baker initially ordered the state to continue the payments to three patients who had sued over the move.
Baker later expanded that order to anyone who seeks or wants to obtain services from the organization's health centers in Arkansas.
Planned Parenthood said it's evaluating options for challenging the appeals court's decision. The ruling does not take effect until the court issues its mandate in about one to two weeks, and Planned Parenthood said it's still serving Medicaid patients in Arkansas.
"We will do everything in our power to protect our patients' access to birth control, cancer screenings, and other lifesaving care," Dr. Raegan McDonald-Mosley, chief medical officer for Planned Parenthood Federation of America, said in a statement.
"Extreme politicians are trying to defund and shut down Planned Parenthood — and this is not what Americans want,” she said. “Every person deserves the opportunity to lead a healthy life and access care at a provider they know and trust, no matter who you are or where you live."
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