If there were not enough issues of extreme angst to rail about the federal government over-reach in a national election year from Republicans, now comes a federal court ruling denying efforts of Gov. Asa Hutchinson and others in the Conservative wing of the GOP to limit women's health care funding for Medicaid services offered by Planned Parenthood.
The core issue is that this funding for women's health care service does not, I repeat, does not provide -- monies to be used for abortions.
But still the Hutchinson administration wanted to stop funding clinics that provided health services for women and also provided medications which could be used for early term abortions.
Never was the state to support this service for the medication for these early term abortions. But the state and Hutchinson was not satisfied with that assurance and sought to cut all funding for all services from these providers.
That is a crucial issue in the court case.
Can a state cut its support of ALL services to a provider that may provide a service that state law and state funding does not support?
It is also a crucial issue in the blanket denouncement by Gov. Asa Hutchinson and the conservative wing of the Arkansas Republican Party.
Again, the move to limit funding by the Hutchinson administration, did not deal with abortion -- it dealt with disallowing other basic clinical services for women's health to those who rely on Medicaid funding to receive those services.
U.S. District Judge Kristine Baker is the judge who adjudicated the victory for women's health care from the federal court in Arkansas against Gov. Asa Hutchinson's administration's effort to punish Planned Parenthood because it provides abortions.
The lawsuit by Planned Parenthood against the state of Arkansas a class action, as courts in other states have done when states tried to cut off Medicaid funding for basic medical services because Planned Parenthood also provides abortions, but not with direct or indirect government support.
There are two Planned Parenthood clinics in Arkansas.
Both clinics provide a wide range of health services, but also provide pharmaceutical abortions -- pills that cause a miscarriage in the first eight weeks of pregnancy.
Neither clinic has or will use state funding for these services.
Earlier this year, the Centers for Medicare and Medicaid Services (CMS) issued guidance that made it clear states couldn't block Planned Parenthood funding because of political opposition to abortion, which remains legal in the U.S. Arkansas is among the Republican-dominated states that have challenged that ruling.
Hutchinson ordered an end to all funding and Planned Parenthood sued. Judge Baker earlier had said the state couldn't stop services for named plaintiffs. The court's order significantly expands the reach of the ruling.
The state will undoubtedly appeal.
There are some 4,000 Medicaid patients who currently receive female health services from these clinics -- mostly to poor and non-insured women.
Of course, the local chapter of the American Civil Liberties Union (ACLU), which is backing the lawsuit with Planned Parenthood, said the ruling means protection of 4,000 Medicaid patients.
In the media this week, statements came from Planned Parenthood and the ACLU lauding the judge's ruling.
"This is a win for the Arkansans who rely on Planned Parenthood of the Heartland for birth control, cancer screenings, and other essential health care. Every person deserves access to quality, affordable health care from the provider they know and trust, and, the court recognized that," said Suzanna de Baca, CEO of Planned Parenthood of the Heartland.
"For our patients, it's not about politics. It's about their health, and about going to the health care provider they know and trust. Governor Hutchinson has no business telling Arkansas women where they can and cannot go for essential care."
The federal court injunction will remain in place while the case proceeds.
And the angst over the federal government will continue well past Election Day 2016.
MAYLON RICE, AN AWARD-WINNING COLUMNIST, HAS WRITTEN BOTH NEWS AND COLUMNS FOR SEVERAL NWA PUBLICATIONS AND HAS BEEN WRITING FOR THE ENTERPRISE-LEADER FOR SEVERAL YEARS. THE OPINIONS EXPRESSED ARE THOSE OF THE AUTHOR.
Community on 10/05/2016