Saturday, August 20, 2011

Federal Courts Force States Into De Facto Contracts With Planned Parenthood

A federal judge ruled that the state of North Carolina can’t refuse funding to Planned Parenthood. This seems to be the prevailing trend throughout the country. Kansas and Indiana have also been sued by this abortion clinic with similar results.

This is what we have come to expect from the federal judiciary. States no longer have self-determination. The 10th Amendment is merely a footnote in history. And now these super-legislators are making law in favor of interest groups who believe they’re entitled to taxpayer monies; forcing states into de facto contracts without their consent.

Kansas is the only state that has the balls to stand up to this abusive branch of government. This is a state issue and the federal government has no standing:

Kansans for Life legislative director Kathy Ostrowski commented on the Planned Parenthood request for funds while the lawsuit moves forward.

“The clock is ticking in this high-stakes matter because the federal HHS agency ordinarily requires all Title X family planning contracts to be finalized by Aug. 31,” she said. “The state health department’s response to a KFL request today was, “Our Aug. 1 statement remains in effect– there have been no determinations regarding Title X funding for Planned Parenthood, pending procedures on the appeal by the Attorney General’s Office.” Jeff Wagaman, spokesman for Attorney General Derek Schmidt, told KFL the next step is to appeal Marten’s new ruling to the circuit court.”

She said Planned Parenthood did not have a state contract with Kansas “to be restored by Marten, and a judge hasn’t the authority to create contracts between the state and private business.”

As a result, it appears Kansas is not complying because there are no taxpayer funds to restore. The state entered into new contracts with other agencies after the law was passed — there was no situation where a contact with Planned Parenthood was voided and a judge’s order would requrie the state to restore it.

In fact,the Kansas Department of Health and Environment has already shifted $204,000 in taxpayer funding previously meant for the abortion business to the Sedgwick County health department to expand its family planning services without doing abortions. The funds were sent to the health department three days after Planned Parenthood filed its lawsuit over a law pro-life Gov. Sam Brownback signed to revoke its taxpayer funding.

Planned Parenthood can apply for direct funds from the federal government, but instead wants the courts to negate state contracts in favor of them:

The state of Kansas responded to the lawsuit by arguing that the 10th Amendment allows it to determine tax funding. Planned Parenthood in Kansas has received federal funding via the family planning program the state administrators for 25 years.

“The proposed injunction would commandeer one of the State’s agencies, forcing the State to cancel past contracts and enter into new ones selected by the Court,” the state argued. “The proposed injunction would violate the State’s sovereignty and unconstitutionally replace the State’s discretion with the Court’s judgment.”

Kansas also maintains the decision is in line with the purpose of the Title X federal family planning fund and says the abortion business can apply for the funds directly from the federal government as it has in other states, but added that Planned Parenthood was not “entitled” to taxpayer funding from Kansas.

Meanwhile, the papers the state filed with the federal court where Planned Parenthood sued make it clear that Planned Parenthood has not given a sufficient reason for why it deserves the funding. They say Planned Parenthood “has made no showing, nor could it, that family planning services will not be provided.”


No comments: