PLANNED PARENTHOOD OF GREATER TEXAS FAMILY PLANNING AND PREVENTATIVE HEALTH SERVICES, INC; Planned Parenthood San Antonio; Planned Parenthood Cameron County; Planned Parenthood Gulf Coast, Inc; Planned Parenthood South Texas Surgical Center; Jane Doe #1; Jane Doe #2; Jane Doe #4; Jane Doe #7; Jane Doe #9; Jane Doe #10; Jane Doe #11, Plaintiffs - Appellees
v.
Charles SMITH, in His Official Capacity as Executive Commissioner of HHSC; Sylvia Hernandez Kauffman, in Her Official Capacity as Acting Inspector General of HHSC, Defendants - Appellants.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
Heather Gebelin Hacker , Assistant Solicitor General, Office of the Attorney General for the State of Texas, Andrew Bowman Stephens , Assistant Attorney General, Office of the Attorney General, General Litigation Division, Austin, TX, for Defendants - Appellants.
Adam Gustafson , Boyden Gray & Associates, Washington, DC, for Amicus Curiae KEVIN DONOVAN, M.D., Director of the Center for Clinical Bioethics and Professor of Pediatrics at Georgetown University Medical Center.
Michael Cantrell , Assistant Attorney General, Office of the Attorney General for the State of Arkansas, Little Rock, AR, for Amici Curiae STATE OF ARKANSAS, STATE OF INDIANA, STATE OF KANSAS, STATE OF KENTUCKY, by and through Governor Matthew G. Bevin, STATE OF LOUISIANA, STATE OF MICHIGAN, STATE OF MISSOURI, STATE OF NEBRASKA, STATE OF OHIO, STATE OF OKLAHOMA, STATE OF SOUTH CAROLINA, STATE OF UTAH, STATE OF WEST VIRGINIA, STATE OF WISCONSIN, and PHIL BRYANT, Governor of the State of Mississippi.
Lawrence John Joseph , Washington, DC, for Amicus Curiae EAGLE FORUM EDUCATION AND LEGAL DEFENSE FUND.
Jonathan F. Mitchell , Stanford Law School, Stanford, CA, for Amicus Curiae 42 MEMBERS OF CONGRESS.
Hillary Schneller , Center for Reproductive Rights, U.S. Litigation, New York, NY, for Amici Curiae BLACK MAMAS MATTER ALLIANCE, AFIYA CENTER, BLACK WOMEN'S HEALTH IMPERATIVE, NATIONAL BIRTH EQUITY COLLABORATIVE, SISTERSONG: THE NATIONAL WOMEN OF COLOR REPRODUCTIVE JUSTICE COLLECTIVE, and WOMEN WITH A VISION.
Martha Jane Perkins , National Health Law Program, Carrboro, NC, for Amici Curiae NATIONAL HEALTH LAW PROGRAM, NATIONAL FAMILY PLANNING & REPRODUCTIVE HEALTH ASSOCIATION, IPAS, NATIONAL LATINA INSTITUTE FOR REPRODUCTIVE HEALTH, ASIAN & PACIFIC ISLANDER AMERICAN HEALTH FORUM, and SEXUALITY INFORMATION AND EDUCATION COUNCIL OF THE UNITED STATE.
Boris Bershteyn , Skadden, Arps, Slate, Meagher & Flom, L.L.P., New York, NY, for Amicus Curiae TWENTY-FIVE UNITED STATES SENATORS.
Before JOLLY, JONES, and HAYNES, Circuit Judges.
EDITH H. JONES, Circuit Judge:
The Texas Health and Human Services Commission's Office of Inspector General ("OIG") sought to terminate the Medicaid provider agreements of Planned Parenthood affiliates throughout the state. The agency based this decision largely on undercover video footage of graphic discussions with Planned Parenthood personnel...
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