Posted by AzBlueMeanie:
Our lawless state legislature and Governor are like a full employment program for lawyers and judges. Tea-Publican authoritarianism and religious extremism leads them to violate the law and the constitution constantly. How many times do they have to be beat down by the Arizona Supreme Court and the U.S. Supreme Court?
A lawsuit was filed last week to challenge the unconstitutional abortion bill passed by our lawless legislature. On Monday, another lawsuit was filed to challenge the unconstitutional attempt by our lawless legislature to defund Planned Parenthood women's health clinics. Planned Parenthood wants court to block law forbidding Medicaid funding to abortion providers - East Valley Tribune:
Planned Parenthood asked a federal judge Monday to block a new law which would bar it from getting state Medicaid funds.
The complaint says the Legislature acted illegally in approving a measure which forbids any funding from the Arizona Health Care Cost Containment System, the state's health insurance for the poor, to any organization which also provides abortions. It asks Judge Neil Wake to prohibit Arizona from implementing the law as scheduled on Aug. 2 and, eventually, to declare it void and unenforceable.
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According to the lawsuit, Planned Parenthood has more than 66,000 patient visits a year, including about 3,000 from those eligible for AHCCCS. Services provided include pap smears, breast exams, contraceptives and tests and treatments for sexually transmitted diseases.
It also provides abortions at five of its 13 Arizona locations.
Current federal law precludes Medicaid funding for abortions except in narrow circumstances.
Attorneys for Planned Parenthood said federal Medicaid laws entitle patients to receive services "from the qualified, willing provider of their choice.'' They also said there is no legal reason to differentiate between family planning providers solely because one also offers abortions.
They also want Wake to rule that the law illegally abrogates the contracts Planned Parenthood has with health care organizations.
That is because AHCCCS does not contract directly with Planned Parenthood -- or, for that matter, most other direct health care providers -- but instead works with health care groups which act like insurance companies. The state pays these groups a flat fee for providing care on a per-person basis, with the groups then deciding where those enrolled with them will go.
Cindy Cerf, a Planned Parenthood spokeswoman, said her organization originally thought that separation would make the law unenforceable. But she said AHCCCS has since adopted rules designed to ensure that the health care plans do not contract with Planned Parenthood.
Aside from Planned Parenthood, the suit was filed on behalf of three women whose names were not disclosed. The lawsuit says they are AHCCCS patients who want to continue to get care at local Planned Parenthood centers.
Earlier this year, a federal district judge enjoined a similar attempt by Texas to restrict funding for Planned Parenthood in that state. Judge: Texas can't cut out Planned Parenthood - CBS News:
U.S. District Judge Lee Yeakel in Austin ruled there is sufficient evidence that a law banning Planned Parenthood from the program is unconstitutional. He imposed an injunction against enforcing it until he can hear full arguments.
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The court's decision comes after the federal government cut off funding to Texas because of the state regulation excluding affiliates of abortion providers. Federal officials said the rule violates federal law by restricting women from choosing the qualified medical provider of their choice.
The federal governmwent has not cut off Arizona because the new law has not yet gone into effect.
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