In a 2-1 ruling, an 8th U.S. Circuit Court of Appeals panel vacated preliminary injunctions a federal judge issued preventing the state from suspending any Medicaid payments for services rendered to patients from Planned Parenthood. Republican Gov. Asa Hutchinson ended the state’s Medicaid contract with the organization in 2015.
The court ruled the unnamed patients suing the state did not have the right to challenge the defunding decision. The panel did not directly address Arkansas’ reason for terminating the contract.
The decision could potentially lead to a showdown before the U.S. Supreme Court over efforts by Arkansas and several other states to defund Planned Parenthood that have been blocked by other courts. In a dissenting opinion to Wednesday’s ruling, Judge Michael Melloy noted that several other federal courts have ruled the opposite way on defunding and said the patients have a right to challenge the end of Planned Parenthood’s contract.
