A divided federal appeals court on Tuesday upheld the constitutionality of an Ohio law to block state funding for Planned Parenthood clinics, in a victory for anti-abortion advocates.
By an 11-6 vote, the 6th U.S. Circuit Court of Appeals in Cincinnati rejected arguments by Planned Parenthood affiliates that the law signed by Republican Governor John Kasich in 2016 barring funding for entities that perform abortions violated their due process rights.
“The affiliates are correct that the Ohio law imposes a condition on the continued receipt of state funds,” Circuit Judge Jeffrey Sutton wrote for the majority. “But that condition does not violate the Constitution because the affiliates do not have a due process right to perform abortions.”
Tuesday’s decision overturned a lower court injunction against the law, which the appeals court had upheld last April 18.
Reporting by Jonathan Stempel in New York; Editing by Tom Brown