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Another State Law Possibly Un-Constitutional

05-10-2011 by Linda S. Carbonell

It might behoove state legislatures to authorize the hiring of a Constitutional expert or two. They seem to be having a problem with the United States Constitution when they try to implement right-wing laws.

Many of the things Wisconsin, Ohio, Michigan and Indiana are trying to do to unions are coming up against Federal laws, which supersede state law in many areas. Governor LePage of Maine had better check on the law at the Federal level before he pushes his idea of changing the child labor laws. Jan Brewer is trying to speed up the appeals process on her “papers please” law, portions of which have been declared unconstitutional by the Federal Circuit and Appeals Courts. She really thinks she can win in the Supreme Court.

And today, Gov. Mitch Daniels of Indiana, who is frequently talked about as a front runner for the Republican nomination for the Presidency, has found out that his “defund Planned Parenthood” bill violates Federal Medicaid rules and the 14^th Amendment to the Constitution.

The entire assault on Planned Parenthood is based on two lies: that 90% of Planned Parenthood’s services consist of performing abortions and that Planned Parenthood uses government money to perform these abortions. Yes, Planned Parenthood performs abortions or assists women in obtaining them. In many states, they are the only abortion providers, but it has been illegal for 30 years for federal money to be used for abortions. They maintain totally separate funding for their abortion services. We have been through this argument before – cutting funding to Planned Parenthood cuts funding for critical women’s health services and provides exactly what its name says – the means to plan parenthood.

The Indiana bill, House Bill 1210, which was introduced in January by Rep. Eric Turner, prohibits the state of Indiana from contracting with “any entity that performs abortions or….operates a facility where abortions are performed.” However, federal Medicaid rules say Medicaid beneficiaries can get their health services from any qualified institution or agency and that includes Planned Parenthood, which sees “…Medicaid patients every day.” according to their director of litigation, Roger Evans. “We’re going to file a lawsuit in federal court as soon after the governor signs this bill as we can get into court. The funding ban is scheduled to take effect immediately…”

Furthermore, Evans said that since abortion is legal, the bill violates the 14^th Amendment by punishing an institution that is performing a legal procedure. The Amendment, in addition to stating that all persons born in this country are citizens, says “No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States….” Add that to Article IV, Section 2 “The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several states.” and these laws are truly skating on thin constitutional ice.

The right wing has decided that since they can’t get Federal law changed, they will try to take down unions, abortion and gay rights on a state by state basis. They are starting to discover that the Constitution that they claim they and they alone uphold is the document that doesn’t let them do this.

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• Planned Parenthood Attack Moves To States (lezgetreal.com)
• Budget Comes Down To Women’s Health (lezgetreal.com)
• Planned Parenthood funding creates dilemma for Obama administration (seattletimes.nwsource.com)
• I wonder why Indiana wants to defund Planned Parenthood? (doubleplusundead.com)
• Truly Good News: Indiana Gov Mitch Daniels to sign Planned Parenthood bill (theblogprof.blogspot.com)
• Indiana Bill Cuts Funds for Clinics for Women (nytimes.com)
• Governor Mitch Daniels Makes Indiana First State To Cut Off Planned Parenthood Funding (alan.com)