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PLANNED PARENTHOOD OF KANSAS v. MOSER

Nos. 11-3235, 12-3178, 13-3175.

747 F.3d 814 (2014)

PLANNED PARENTHOOD OF KANSAS AND MID-MISSOURI, Plaintiff-Appellee, v. Robert MOSER, M.D., Secretary, Kansas Department of Health and Environment, Defendant-Appellant. Eagle Forum Education & Legal Defense Fund, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

March 25, 2014.

Attorney(s) appearing for the Case

James M. Armstrong , Foulston Siefkin LLP, Wichita, KS, for Defendant-Appellant.

Elissa Joy Preheim , Arnold & Porter LLP, Washington, D.C. ( Lee Thompson and Erin C. Thompson , Thompson Law Firm, LLC, Wichita, KS; Roger K. Evans and Helene T. Krasnoff , Planned Parenthood Federation of America, New York, N.Y. and Washington, D.C., with her on the briefs), for Plaintiff-Appellee.

Lawrence J. Joseph , Washington, D.C., for Amicus Curiae.

Before LUCERO, HARTZ, and O'BRIEN, Circuit Judges.

HARTZ, Circuit Judge.

The federal government subsidizes the cost of family-planning services for low-income individuals through Title X of the Public Health Service Act. It often grants Title X funding directly to a state, which in turn makes subgrants to family-planning service providers. Kansas is one such state.

In May 2011 Kansas Governor Sam Brownback signed into law an appropriations bill restricting the classes of entities eligible for Title X subgrants...

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