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Michigan says it erroneously added Laxalt's name to amicus brief in Ohio case against Planned Parenthood

Michelle Rindels
Michelle Rindels
Health CareState Government
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Officials at the Michigan Attorney General's Office said they mistakenly added Attorney General Adam Laxalt's name to an amicus brief defending a 2016 Ohio law that prevents funds for non-abortion services from flowing to entities that provide abortions — such as Planned Parenthood.

Michigan Solicitor General Aaron Lindstrom said in an email late Wednesday afternoon that the state was working to correct the federal appeals court records that listed Laxalt and Nevada multiple times in and about an amicus brief filed Aug. 3 in the Sixth Court of Appeals based in Cincinnati.

"Yes, there was an administrative error on our part:  we listed Nevada when we should have listed Nebraska," Lindstrom told The Nevada Independent. "We are in the process of correcting our error with the court."

Laxalt has previously filed four other known amicus briefs supporting abortion restrictions or pro-life entities in other states. Although Laxalt's office confirmed the Nevada attorney general didn't sign the one in the Ohio case that was led by Michigan, a spokeswoman didn't immediately respond to a query about why he opted not to join this one.

In the brief, 15 attorneys general sided with the director of the Ohio Department of Health — who’s facing a lawsuit from Planned Parenthood of Greater Ohio — by saying nobody’s constitutional rights are being abridged through the Ohio law.

“The fact that Planned Parenthood performs abortions does not give it a constitutional right to funding to administer state or federal health programs,” the friend-of-the-court brief says. “No right to an abortion is being burdened at all—let alone unduly burdened—by Ohio’s decision about how to allocate public funds.”

A three-judge panel on the appeals court agreed that the law was unconstitutional, but that decision was later vacated after an appeal and the case is set to be heard again “en banc,” or by all 16 members of the court.

The Ohio statute — which was placed on hold by a court — affects funding coming through six different federal programs: the Violence Against Women Act, the Breast and Cervical Cancer Prevention Act, the infertility prevention project, the minority HIV/AIDS initiative, the infant mortality reduction initiative and the personal responsibility education program.

The Ohio law specifies that such funding can be withheld from an organization if it meets one of four triggers: it performs non-therapeutic abortions (abortions not required by medical necessity), promotes non-therapeutic abortions, contracts with any entity that performs or promotes non-therapeutic abortions, becomes or continues to be an affiliate of any entity that performs or promotes non-therapeutic abortions. Planned Parenthood of Greater Ohio says it stands to lose $1.5 million in funding each year if the law takes effect.

But the attorneys general say people seeking federally funded health services at Planned Parenthood also might be influenced to get an abortion.

“Ohio faces the risk that Planned Parenthood, though serving as Ohio’s agent in administering its programs, might decide to promote abortion,” the brief said, adding that “a patient coming for services relating to the Breast and Cervical Cancer Project or the STD Prevention Program might also receive what Planned Parenthood calls ‘options counseling’ and so walk away with a list of abortion providers.”

The brief noted that “the amici States file this brief because this case will affect similar challenges Planned Parenthood may bring against funding bans in their States.”

Nevada Medicaid only reimburses for abortions that are performed to save the mother’s life or for pregnancies that are a result of rape or incest. The Hyde Amendment prevents federal funding for abortions unless they meet those conditions.

This story was updated at 5:15 p.m. on Aug. 15, 2018 to reflect Michigan acknowledged erroneously adding Laxalt's name to amicus brief.

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