Yesterday, the U.S. Court of Appeals for the Fifth Circuit lifted the emergency stay of the court injunction barring Texas from excluding Planned Parenthood from participation in the state’s Women’s Health Program. In its per curiam order, the Fifth Circuit explained that Texas was unable to substantiate its claim that it needed the extraordinary relief provided by an emergency stay and failed to adequately address relevant Fifth Circuit precedent, Planned Parenthood of Houston & Southeast Texas v. Sanchez, 403 F.3d 324 (5th Cir. 2005) in particular. A regular appeal of the preliminary injunction remains pending.
I previously blogged on this case here.