DEPT. OF STATE HEALTH SERVICES v. BALQUINTA

No. 03-13-00063-CV.

429 S.W.3d 726 (2014)

TEXAS DEPARTMENT OF STATE HEALTH SERVICES; and Kyle Janek, in his Official Capacity as Executive Commissioner of the Texas Health & Human Services Commission, Appellants v. Marcela BALQUINTA; Planned Parenthood of Greater Texas Family Planning and Preventative Health Services, Inc.; Planned Parenthood Association of Hidalgo County Texas, Inc.; Planned Parenthood Association of Lubbock, Inc.; Planned Parenthood Association of Cameron and Willacy Counties; Family Planning Associates of San Antonio; Planned Parenthood Gulf Coast, Inc.; and Planned Parenthood of West Texas, Inc., Appellees.

Court of Appeals of Texas, Austin.

April 9, 2014.


Attorney(s) appearing for the Case

Kristofer S. Monson , Assistant Solicitor General, Office of the Attorney General, Austin, TX, for Appellants.

P.M. Schenkkan , John J. McKetta, III , Michael J. Whellan , William W. Dibrell , Susan G. Conway , Graves, Dougherty, Hearon & Moody, P.C., Austin, TX, for Appellees.

Before Chief Justice JONES, Justices PEMBERTON and FIELD.


OPINION

BOB PEMBERTON, Justice.

Although this appeal may stem from some broader controversies that have vexed both government and our larger society, our disposition of it ultimately turns on some comparatively narrow questions of judicial jurisdiction and procedure. More specifically, we must consider whether entities that formerly contracted with the State to provide services under a publicly funded health-care program but were subsequently excluded...

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