Last Friday Judge James A. Beaty Jr. ordered that the state resume funding for the Planned Parenthood affiliates of North Carolina! This is great news!
While it is only a preliminary injunction, Planned Parenthood of Central North Carolina believes it is still a very good sign for future rulings.
From the News and Observer:
[Judge Beaty] found that Planned Parenthood would be likely to succeed at trial on several grounds:
Under the supremacy clause of the U.S. Constitution, the state’s ban on funding would be pre-empted by federal law that makes the funding available.
Beaty noted the Kansas court found the ban was an unconstitutional “attempt to punish the plaintiff for its support of abortion rights,” a violation of the First and 14th Amendments.
He found the budget provision singled out a specific organization for punishment, which violates the bill of attainder clause that guards against “trial by legislature.” Comments Rep. Paul “Skip” Stam and Sen. Warren Daniel made in session support claims the group was targeted for abortion services.
So while the fight against the defunding is far from over, we do have something good to celebrate. Planned Parenthood of Central North Carolina and Planned Parenthood Health System, Inc. will not have to take drastic measures to keep providing health services to North Carolinians for now. The law is on our side right now and hopefully in the future. Helene Krasnoff, attorney for Planned Parenthood’s national office had this statement, which I think sums up nicely what has happened:
“Judge Beaty’s ruling confirmed what we already knew, and what our arguments and evidence made clear: This special provision is contrary to federal law, violates the constitutional rights of PPCNC and our patients, unconstitutionally penalizes Planned Parenthood, and has the effect of restricting access to health care for some of North Carolina’s most vulnerable populations.”