In a major victory, the full U.S. Court of Appeals for the Sixth Circuit today upheld an Ohio law that made entities that perform or promote abortions, such as Planned Parenthood, ineligible to participate in six state-funded health programs. The 11-6 decision, written by Judge Jeffrey Sutton, overturned an April 2018 decision by a three-judge panel of the same circuit that had upheld a 2016 decision by Judge Michael Barrett striking down the law.
As was pointed out by Ohio newspapers, the decision was a major victory for pro-life Gov. Mike DeWine, who, as attorney general, asked the full court to reconsider the panel’s decision.
The plaintiffs —Planned Parenthood of Greater Ohio and Planned Parenthood Southwest Ohio Region—argued that the law “imposes an unconstitutional condition on public funding in violation of the Due Process Clause.”
But in a key conclusion, citing prior Supreme Court decisions, Judge Sutton wrote that “the affiliates do not have a due process right to perform abortions.” That right is held by the woman alone.
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