BOOM! Federal Court overwhelming rules that Ohio CAN defund Planned Parenthood!

This ruling seems like a big deal.

The 6th Circuit has just ruled that the state of Ohio can block public funds going to Planned Parenthood because they perform abortions.

The ruling was 11-6!



Here’s more:

ASSOCIATED PRESS – A divided federal appeals court Tuesday upheld an Ohio anti-abortion law that blocks public money for Planned Parenthood.

The full 6th U.S. Circuit Court of Appeals reversed a lower federal court ruling. The Ohio law targeted funding that Planned Parenthood receives through the state’s health department. That money is mostly from the federal government and supports education and prevention programs.

The law bars such funds from entities that perform or promote abortions.

“A divided federal appeals court”? That’s not how I would characterize 11-6.

The ruling:

Judge Jeffrey Sutton wrote the opinion for an 11-6 majority, saying the judges rejected the contention by two Planned Parenthood affiliates that the Ohio law imposes an unconstitutional condition on public funding.

“The affiliates are correct that the Ohio law imposes a condition on the continued receipt of state funds. But that condition does not violate the Constitution because the affiliates do not have a due process right to perform abortions,” Sutton wrote.

Sutton wrote for the majority that while Planned Parenthood contends that the Ohio law will unconstitutionally deprive women of the right to access abortion services without undue burden, that conclusion is premature and speculative because Planned Parenthood has stated it will continue to provide abortion services.

This is great news! I hope Planned Parenthood keeps challenging it all the way to the Supreme Court and they do what the 6th circuit did.

What a precedent that would set!

Here’s the full ruling if you want to read it yourself:

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hubman
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hubman

the affiliates do not have a due process right to perform abortions,

That will come as a shock to quite a few on the left….

Dr. Strangelove
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Dr. Strangelove

I can’t say that I have a whole lot of confidence in SCOTUS upholding this ruling.

Conserve 58
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Conserve 58

Dr. StrangeloveDr. Strangelove Your trepidations are universally felt and the common denominator being one Chief Justice, John Roberts.

AFVet4America
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AFVet4America

Thank God for a step in the right direction. Hopefully there will be many more against this evil so called Planned Parenthood.

CaptBill56
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CaptBill56

Just a thought… how about we call it UnPlanned Parenthood ?

LAPhil
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LAPhil

YES! Finally, it looks like we’re going to have one go our way!

Rocket Matt
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Rocket Matt

I’m happy for the W and hope we get more!

Dr. Strangelove
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Dr. Strangelove

@Rocket Matt Funny, what was once a local phenomenon of putting a W sign in the window after a win has spread across the country since the Cubs won the World Series.

sjmom
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sjmom

One for the good guys. Praise the Lord.

Teri Smith
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Teri Smith

Praise God! No way that evil organization should get public funds.

nc checks and balances
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nc checks and balances

What’s that I smell? Could it be the tide that is turning?

Dr. Strangelove
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Dr. Strangelove

@nc I don’t want to burst your bubble, but this may go to SCOTUS and how they vote is up in the air.

Conserve 58
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Conserve 58

Dr. StrangeloveDr. Strangelove Given the premise and subsequent reasons for the sixth district’s ruling I don’t see how the SCOTUS can submit a different conclusion.

Dr. Strangelove
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Dr. Strangelove

No? After Roberts managed to decide 0care was a tax, I’ll put nothing past them.

Dr. Johnny Fever
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Dr. Johnny Fever

I know that this won’t be popular here, but this is not a good precedent at all. Think about it. They are saying somebody doesn’t have the right to perform an abortion, only the right to have an abortion. This can easily be used against the Second Amendment to shut down gun dealers. All a court has to do is follow the reasoning here and say that the people have the right to keep and bear arms, not to sell them.

MxnCheeseHead
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MxnCheeseHead

Currently 0% of gun dealers rely on government funds to subsidize costs of doing business. So this precedence even if applied to 2A won’t have an effect.

Dr. Johnny Fever
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Dr. Johnny Fever

But the overall finding is that there is no right to perform an abortion. Then that is used to allow the state to cut the funds.

RWrad
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RWrad

That’s not at all what happened. Planned Parenthood can still perform all the abortions it wants to, what they can’t do is use taxpayer money to fund them. The persons wanting the abortions will have to pay for them without using taxpayer funds.

GIVJetMech
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GIVJetMech

They’re not saying that planned parenthood doesn’t have the right to perform abortions. They’re upholding the Ohio law that states that those entities that DO perform abortions are prohibited from getting federal funds.

AT
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AT

The opinion addressed that very point:

Or imagine, we could add, that the government denied government construction contracts to companies that build for customers of a particular faith or race or burdened gun shops with punitive or irrational licensing requirements. Straw men, to be sure, but revealing all the same. None of these hypotheticals reveals a doctrinal (or policy) gap that an extension of the unconstitutional-conditions doctrine needs to fill.

Even aside from the question whether gun stores have Second Amendment rights, the third application confirms that all punitive or irrational licensing requirements run the risk of violating a store’s constitutional rights, whether the store sells guns or not. But it is hardly punitive or irrational for a State to subsidize some activities and not others. The unconstitutional-conditions doctrine no more elevates non-constitutional claims into constitutional ones than it insulates protected rights from protection.

LAPhil
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LAPhil

You’re totally unclear on the concept. Other posters have already explained this to you, so I don’t have to bother.

Dr. Strangelove
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Dr. Strangelove

@Dr. No, because guns are enshrined in the Bill of Rights, which has nothing to say about abortion.

kong1967
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kong1967

I don’t get the concept of the lawsuit to begin with. If there was say….like ten groups and all the others were getting funded and you were blocked because you support conservative (or liberal) candidates while the others were supporting the opposite…then I would understand. But this is a lawsuit saying the government must fund an action. The government should not be compelled to fund anything unless they are funding one group and discriminating against another that do the same thing (for example).

Ciceroni Excogitatoris
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Ciceroni Excogitatoris

If there’s one thing Trump may be doing right is appointing judges who will uphold the US Constitution. Does anyone know how many Trump nominated for this particular district?

The libs are going to go nuts… I’m hearing Trump has already turned The US Court of Appeals in the Third District conservative. Now, if we could just get the Ninth Circuit Court to uphold the US Constitution.

nc checks and balances
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nc checks and balances

Ciceroni ExcogitatorisCiceroni Excogitatoris Only one thing?

Ciceroni Excogitatoris
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Ciceroni Excogitatoris

I believe this is one of the top three, NC!!

Chow Yun Fatty
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Chow Yun Fatty

He needs the DOJ to investigate if Ginsburg is still alive. If she is, find out if she is able to perform her duties.

Conserve 58
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Conserve 58

Chow Yun FattyChow Yun Fatty I’ve been asking the same questions. The MSM’s silence is deafening. One of the posters in here said she did showed up at court and submitted cogent questions. If that is true then I don’t remember seeing photos or videos proving she was there. If she was indeed recovering as well as the leftist MSM would have us believe then why the silence? The lack of coverage suggests otherwise.

Conserve 58
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Conserve 58

Ciceroni ExcogitatorisCiceroni Excogitatoris I adamantly concur that replacing the corrupt Obama judges in the Ninth Circuit Court would be a huge victory. Next would be the SDNY.

DemocratsRFubar
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DemocratsRFubar

Thank you Jesus! Perhaps this will be a good day for the future people! (Meaning the unborn)!

FrPaul
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FrPaul

Thank God! I hope Roberts does not go full Judas on us…

DaYooper
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DaYooper

Wish somebody could post the “Snoopy Doing His Happy Dance” emoticon (or whatever they’re called). I just love happy endings. And I pray that this decision will be upheld when it reaches the Grand Poobahs on the USSC. To paraphrase Margaret Thatcher, “Now, don’t go wobbly on us now, John (Roberts)”

RWrad
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RWrad

I’ll bet that son of a mailman doesn’t like this ruling one bit. He loves him some Planned Parenthood.

Dr. Strangelove
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Dr. Strangelove

RWradRWrad Special K-sick probably holds his finger in the wind before he decides what he likes and doesn’t.

msliberty
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msliberty

We have an AWESOME Ohio AG – Dave Yost (R) defeated the dem! He is a friend of ours & a Godly man. My hubs played guitar with him in a worship service/multi-churches many, many years ago. I will always remember him as a very humble man. We were so very happy that he won praying

Sentinel
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Sentinel

No doubt this is good news – awesome news even! I hope this positive trend continues. But after so much evil and for republicans to fail to live up to this particular campaign promise; then freaking Roberts being a leftist mole, it’s hard to enjoy this second in time when you know the forces of evil will continue to pick and pick at this, their most unholy of leftist sacraments. As the earth slips away from God, so does decency and reason.

Dr. Strangelove
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Dr. Strangelove

@Sentinel Yeah, it’s hard to have any faith in SCOTUS with Roberts at the helm.

msliberty
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msliberty

Well this makes me feel proud of my state! praying

Drkjk
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Drkjk

At first blush you might think that the current make up of the SCOTUS would mean upholding the ruling of the 6th Circuit Court of Appeals, but you might well be wrong. Ever since Chief Justice John Roberts found his role as the champion of Big Government, odds favor his ruling with the other Leftists to uphold big government programs and issues.

msliberty
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msliberty

I’m going to stay positive on this.

WendzPNW
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WendzPNW

In your face Kasich…in your ugly fat face

AT
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AT

The face he shoves pizza in. With a fork.

What a freak.

msliberty
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msliberty

Did you know that he was the son of a mailman lol

marathon
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marathon

That joke never gets old, i laugh every time i hear it smile

msliberty
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msliberty

I know! I can’t ever resist it. roll

Conserve 58
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Conserve 58

mslibertymsliberty Keep this up and I’ll go postal. silly

Dr. Strangelove
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Dr. Strangelove

Conserve 58Conserve 58 But can you deliver on that threat?

msliberty
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msliberty

OK, wink grin grin grin

I despise Kasich so much, that it feels good to jab him every chance I get.

WendzPNW
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WendzPNW

I`m embarrassed to admit that I eat a pizza slice with a knife and fork.

AT
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AT

Is your father also a mailman?

WendzPNW
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WendzPNW

LOL no. My Dad worked in construction – those huge JCB`s and other similar huge machinery types on the construction sites.
smile

sjmom
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sjmom

I do too most of the time.

WendzPNW
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WendzPNW

Yayyyy – Im glad Im not the only one sj
grin

Finrod Felagund
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Finrod Felagund

I prefer the kinds of pizzas that are so thick that you have no other choice.

Dr. Strangelove
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Dr. Strangelove

Finrod FelagundFinrod Felagund Chicago style.

Conserve 58
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Conserve 58

Dr. StrangeloveDr. Strangelove Absolutely. I love pizza, but Chicago style pizza is the shizznet.

Dr. Strangelove
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Dr. Strangelove

Growing up in the south suburbs of Chicago, our local pizza joint had, ironically, thin NY style pizza. It wasn’t until later, when I drove, that I actually got deep dish.

Dr. Strangelove
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Dr. Strangelove

@Wendz Chicago stuffed and some pan pizza is impossible to eat without a knife and fork.

Sentinel
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Sentinel

clapping

Proud Nana
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Proud Nana

Good news , now praying the baby murdering Judges don’t knock it down. praying praying praying

PVG
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PVG

So shines a light in such a weary world!!

AT
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AT

The State also may choose not to subsidize constitutionally protected activities. Just as it has no obligation to provide a platform for an individual’s free speech, say a Speaker’s Corner in downtown Columbus, it has no obligation to pay for a woman’s abortion. That’s something this nation really needs to get through its head, on both sides of the social/political spectrum. Your right to something does not guarantee you the means by which to exercise that right. Nor is your right deprived simply because you cannot find the means to exercise it. If the State gets in the WAY of you exercising it, that’s different (that’s the part about undue burdens) – but not helping you isn’t the same as obstructing you. (If you folks ever wonder why I’m hyper-critical about precision of language use, this is why.) I’m really glad they likened it to free speech, because that’s the… Read more »

Hidyho
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Hidyho

Well, according to ol’ crazy-eyes, you’re one of those people waaay too caught up in Being “Factually Correct” more than “Morally Right” LOL razz

AT
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AT

What that nimrod fails to realize is that one implies the other.

Morality is as objective as facts. They’re both sets of knowledge and they play by the same rules. This is why I constantly urge people not to let their hysterical emotions take over when they’re considering a difficult subject. Their emotional, subjective side tends to jaundice their understanding of the facts, which then leads to absurd and usually immoral conclusions. (Example: those that entertain fantasies of people they despise being raped to death in prison.) Folks defend it as “venting,” but I don’t buy that. I just see people being factually incorrect, which then makes them act like shitheads who are convinced of their righteousness because feelings.

It’s one of the crappiest traits the human race has.

Hidyho
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Hidyho

ATAT I tend to agree!

Kram Nivel
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Kram Nivel

This will be all good until it gets to the Johnny “John Boy” Roberts Court.

Conserve 58
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Conserve 58

I can’t see the ruling because I get a grey rectangle.

The ruling is a great victory for the American tax payers in Ohio. No tax paying American citizen should have to be made to pay for abortions.

marathon
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marathon

This is exactly what happens when Republicans get things right for a change and elect judges who interpret the law as intended by the constitution not by judicial activism, Kudos to those 11 judges.

GhostRider2001
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GhostRider2001

Last I checked Planned Parenthood funding wasn’t a right enumerated in the Constitution or Bill of Rights. And the taxpayers have no obligation to pay for anyone to get an abortion whenever they want it. Glad a court finally had the b*lls to make this common sense decision.

TJK ✓
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TJK ✓

YES!

affiliates do not have a due process right to perform abortions

Hidyho
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Hidyho

Excellent news! But a long ways to go yet. Hopefully other states are paying attention and it catches on halo

Susitna
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Susitna

Hidyho: This is exactly what I am hoping because this sets a precedent.

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