by Max Brantley
he 10th Circuit further noted that prior to Herbert’s defunding order, “at no time has UDOH [Utah Department of Health] complained about the services provided by PPAU, or otherwise claimed that PPAU was not qualified to provide services.” The opinion further explained that not only had PPAU won competitive contracts from the state on multiple occasions but the amount provided through those grants had also been increased in exchange for continuing service.Facts and law won't trump the religion that is driving Asa Hutchinson, Leslie Rutledge and the Republican majority legislature to limit medical services for women.
As the court concluded, Herbert “more likely than not” put politics above program effectiveness when making his decision to block PPAU’s funding:
Considering all of this evidence together, we conclude that a reasonable finder of fact is more likely than not to find that Herbert issued the Directive to punish PPAU for the First and Fourteenth Amendment rights it has identified in this litigation. In particular, we conclude that a reasonable finder of fact is more likely than not to find that Herbert, a politician and admitted opponent of abortion, viewed the situation that presented itself by release of the CMP videos as an opportunity to take public action against PPAU, deprive it of pass-through federal funding, and potentially weaken the organization and hamper its ability to provide and advocate for abortion services.