Facebook Posting as Indication of Legislative Intent? Robson on Injunction in Planned Parenthood v. Brownback

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Ruthann Robson blogs over (here) at Constitutional Law Profs about the decision in Planned Parenthood of Kansas v. Brownback.  Here is an excerpt from Professor Robson’s post:

In a Memorandum and Order today, Judge J. Thomas Marten of the United States District of Kansas, enjoined the enforcement of the Kansas defunding of Planned Parenthood statute, Section 107(l) of H.B. 2014, 84th Leg. (Kan. 2011).  The judge enjoined the Kansas state defendants from any further enforcement or reliance on  athe state statute and directed them to allocate all Title X funding for State Fiscal Year 2012 without reference to Section 107(l), and to provide continuation grant funding to the Planned Parenthood. * * *

Discussed in both of the Planned Parenthood claims was the legislative intent of the statute.  Was the intent of the statute directed at Planned Parenthood?  The judge soundly rejected the state defendants “suggestion that the statute was simply designed to prioritize funding to entities who have a higher percentage of poor clients” as a post-hoc, “litigation-spawned” attempt to find some alternative, benign rationale for the statute.  The judge also considered the statement of the amendment’s sponsor, Lance Kinzer, including on the floor of the House and on his facebook page.

Facebook postings as an indication of legislative intent!  Read the rest of Professor Robson’s post here.

-Bridget Crawford

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