The US Court of Appeals for the Sixth Circuit ruled 11-6 Tuesday that Ohio can enforce a 2016 law preventing Planned Parenthood, and any other organization that "performs or promotes nontherapeutic abortions" from receiving state funds. The decision by the en banc court overturns a ruling by a three-judge panel that the state could not enforce the law.
Planned Parenthood already could not use state funds for abortions, but the new law cuts off all state funding, including money for programs combating STIs and breast cancer. Planned Parenthood had argued that the Ohio law created an unconstitutional condition on state funding in violation of the Due Process Clause. In its decision, the court recognized that the law did place a condition on the funding, but found "that the condition was constitutional because that condition does not violate the Constitution because the affiliates do not have a due process right to perform abortions."
