August 31, 2017 | Posted in Abortion | By

Earlier this month a federal appeals court panel ruled Arkansas could cut Medicaid reimbursements to Planned Parenthood.

This week we learned the decision — which was given by a panel of three judges from the Eighth Circuit Court of Appeals — has been appealed to the entire Eighth Circuit Court of Appeals.

Three Planned Parenthood patients are asking the Eighth Circuit to reconsider the good ruling the three judges made two weeks ago.

This lawsuit has been going on since Gov. Hutchinson directed the state to stop giving Medicaid money to Planned Parenthood two years ago. Below is a timeline of this issue and the legal battle surrounding it.

  • November 8, 1988: Voters in Arkansas passed Amendment 68 to the Arkansas Constitution prohibiting public funds from paying for abortion, except to save the mother’s life.
  • July 25, 1994: Following a lawsuit by an abortion clinic in Little Rock, a federal court blocked enforcement of Amendment 68, saying it violated the Hyde Amendment — a rider on the federal budget Congress passed in 1994 prohibiting public funding of abortions except in cases of rape or incest or to save the life of the mother.
  • July 25, 1995: The Eight Circuit Court of Appeals upheld the lower court’s ruling.
  • March 18, 1996: The U.S. Supreme Court overturned the ruling, essentially saying Amendment 68 could only be blocked insofar as it conflicted with the Hyde Amendment. Practically speaking, this has prevented public funding of abortion in most cases, with the exception of abortions paid for with Medicaid funds in certain circumstances permitted by the federal Hyde Amendment.
  • August 14, 2015: Governor Asa Hutchinson directed the Department of Human Services to terminate its Medicaid contract with Planned Parenthood.
  • October 2, 2015: U.S. District Judge Kristine Baker issued a preliminary injunction forcing the State of Arkansas to continue making Medicaid payments to Planned Parenthood following a lawsuit by three of Planned Parenthood’s patients.
  • September 29, 2016: U.S. District Judge Kristine Baker expanded that ruling to apply to all of Planned Parenthood’s patients in Arkansas. Arkansas’ attorney general appealed the ruling to the Eighth Circuit Court of Appeals.
  • August 16, 2017: A three judge panel from the Eighth Circuit Court of Appeals ruled Arkansas can decline to provide Medicaid reimbursements to abortion providers.
  • August 30, 2017: The three-judge panel’s decision was appealed to the entire Eighth Circuit Court of Appeals.

Photo Credit: By Brian Turner (Flickr: My Trusty Gavel) [CC BY 2.0 (http://creativecommons.org/licenses/by/2.0)], via Wikimedia Commons.

Jerry is the founder and president of Family Council. He began Family Council in 1989 after a successful effort to amend the Arkansas Constitution to prevent the use of public funds for abortions. He and his wife reside in Little Rock. They have four sons.