Denying Funding to Planned Parenthood Groups Because Their “Affiliates” Perform Abortions Violates First Amendment
Yesterday’s decision by Judge Indira Talwani (D. Mass.) in Planned Parenthood Fed. of Am., Inc. v. Kennedy (appeal pending) considered Section 71113(a) of the Reconciliation Act, which bars federal funding to any “entity, including its affiliates, subsidiaries, successors, and clinics,” that provides abortions and satisfies certain other criteria (to oversimplify somewhat).
The court acknowledged that “Congress has long prohibited the use of any federal funds to reimburse the cost of abortions under the Medicaid program except in limited circumstances,” and that “The Government can, without violating the Constitution, selectively fund a program to encourage certain activities it believes to be in the public interest, without at the same time funding an alternative program which seeks to deal with the problem in another way.” But it concluded that the restriction on funding groups because of the actions of their affiliates violated the freedom of expressive association protected by the First Amendment. Here’s a short excerpt from the long opinion:
Section 71113 does not merely “withhold[ ] funding based on whether entities provide abortion services,” but also based on whether “an entity, including its affiliates,” provides abortion services. And Defendants assert that “two entities’ existence under common control” would satisfy the dictionary definition of an “affiliate,” and that, in Defendants’ view, Planned Parenthood Federations’ “membership standards,” “accreditation standards,” and “shared medical standards and guidelines,” would be sufficient to show common control such that Plann
Article from Reason.com
The Reason Magazine website is a go-to destination for libertarians seeking cogent analysis, investigative reporting, and thought-provoking commentary. Championing the principles of individual freedom, limited government, and free markets, the site offers a diverse range of articles, videos, and podcasts that challenge conventional wisdom and advocate for libertarian solutions. Whether you’re interested in politics, culture, or technology, Reason provides a unique lens that prioritizes liberty and rational discourse. It’s an essential resource for those who value critical thinking and nuanced debate in the pursuit of a freer society.
