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Tuesday, March 12, 2019

6 Is 9 Upside Down -- At Least in Court

The Sixth Circuit Court of Appeals just ruled that Ohio could cut off state funding to clinics that perform non-therapeutic abortions or which advocate for abortions.  The ruling was by the entire court sitting en banc.  The vote was 11-6.  Every article I've seen so far points out that President Trump has appointed 4 of these judges, but none of the articles goes on to point out that the 13 judges NOT appointed by Trump voted 7-6 to allow the state to cut off these funds.

Ohio passed a law in 2016 which provided that state funding would not be given to these clinics.  The court held that this was a proper measure by the state.  The clinics do not have a constitutional right to perform abortions, so there is no basis to bar the state from cutting off funding.

I doubt that the Supreme Court will take up this case.  I don't think that SCOTUS is looking for another abortion case to change the current status of the law.

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